Tax 11.01 History
History: Cr.
Register, February, 1978, No. 266, eff. 3-1-78; am. (1) (a), r. (1) (d), cr. (1) (m),
Register, January, 1983, No. 325, eff. 2-1-83; r. and recr.,
Register, March, 1991, No. 423, eff. 4-1-91; r. (1) (e), renum. (1) (f) to (i) to be (1) (e) to (h),
Register, January, 1992, No. 433, eff. 2-1-92; am. (1) (b), cr. (1) (i), (j) and (k),
Register, October, 1997, No. 502, eff. 11-1-97;
CR 01-143: am. (1) (b), r. (1) (c), (d), (e) and (h), renum. (1) (f), (g), (i), (j) and (k) to be (1) (c) to (g) and am. (1) (d), r. and recr. (2)
Register July 2002 No. 559, eff. 8-1-02;
CR 10-093: am. (title), (1) (intro.), (a), (b), (c), (2) (a) 3., (b), (c) (intro.), (d) (intro.), 1., cr. (1) (h), (i), (2) (bg), (br)
Register November 2010 No. 659, eff. 12-1-10; correction in (1) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2010 No. 659;
CR 16-053: am. (1) (g)
Register June 2018 No. 750, eff. 7-1-18;
CR 19-112: cr. (1) (gm)
Register June 2020 No. 774, eff. 7-1-20.
Tax 11.03
Tax 11.03
Schools and related organizations. Tax 11.03(1)(a)1.
1. “Elementary school" means a school providing any of the first 8 grades of a 12 grade system and kindergarten where applicable.
Tax 11.03(1)(a)3.
3. “Secondary school" means a school providing grades 9 through 12 of a 12 grade system and includes the junior and senior trade schools described in s.
119.30, Stats.
Tax 11.03(1)(b)
(b) Elementary and secondary schools include parochial and private schools not operated for profit which offer any academic levels comparable to those described in par.
(a) 1. and
3. and which are educational institutions having a regular curriculum offering courses for at least 6 months in the year. Elementary and secondary schools also include school districts for purposes of exemption under s.
77.54 (4), Stats.
Tax 11.03(1)(c)
(c) Elementary or secondary schools do not include flying schools, driving schools, art schools, music schools, dance schools, modeling schools, charm schools, or similar schools which do not offer systematic instruction of the scope and intensity common and comparable to elementary and secondary schools.
Tax 11.03(2)(a)
(a) Exempt sales by elementary or secondary schools include:
Tax 11.03(2)(a)1.
1. The sale or rental of books, yearbooks, annuals, magazines, directories, bulletins, papers, or similar publications.
Tax 11.03 Note
Example: A school auditorium is rented to a religious group which conducts a religious revival. The sales price from the rental is exempt.
Tax 11.03(2)(a)3.
3. Rental of auditoriums or gymnasiums, including any charges for lights, heat, janitor fees, and equipment, when used for other than recreational, athletic, amusement, or entertainment purposes.
Tax 11.03(2)(a)4.
4. Rental of auditoriums or gymnasiums, including any charges for lights, heat, janitor fees, and equipment, when used by a promoter or professional group which will sell admissions to the public for recreational, athletic, amusement, or entertainment purposes.
Tax 11.03 Note
Examples: 1) A school gymnasium is rented to a professional basketball team which will sell tickets to the event. The sales price from the rental is exempt.
Tax 11.03 Note
2) A school auditorium is rented to a popular band for one night. The band will sell tickets to its performance. The sales price from the rental is exempt.
Tax 11.03(2)(a)5.
5. Admissions to school activities such as athletic events, art and science fairs, concerts, dances, films or other exhibits, lectures, and school plays, if the event is sponsored by the school, the school has control over purchases and expenditures and the net proceeds are used for educational, religious, or charitable purposes.
Tax 11.03(2)(a)6.
6. The transfer of tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., to a contractor for performance of a real property construction activity in exchange for a reduction in the contract price, even though the contract provides that the contractor is to supply all materials.
Tax 11.03(2)(b)
(b) Taxable sales by elementary or secondary schools include:
Tax 11.03(2)(b)1.
1. Admissions to recreational facilities, such as golf courses, swimming pools, ball fields, and gymnasiums which are open to the general public for recreational purposes.
Tax 11.03(2)(b)2.
2. Rental of auditoriums or gymnasiums, including any charges for lights, heat, janitor fees, and equipment, when used by persons for their own recreation, entertainment, or amusement where there is no charge for admission.
Tax 11.03 Note
Example: A local neighborhood group rents the school gymnasium for its residents to play volleyball. The neighborhood group does not charge its residents to play volleyball. The sales price from the rental is taxable. If the group charged an entry fee to play volleyball, the sales price from the rental of the gymnasium is not taxable because the rental is for resale.
Tax 11.03 Note
Example: A school sponsors an athletic tournament and charges $1 for parking. The sales price from parking is taxable.
Tax 11.03(3)
(3)
Sales by school-related organizations and others. Taxable sales by school-related organizations and others, not including school districts, include:
Tax 11.03(3)(a)
(a) The sale of class rings, photographs, or caps and gowns rented or sold to students by retailers or photographers where the school acts as a collection agent for the seller, whether or not the school receives a commission for the collection. The retailer, such as a photographer, is subject to the tax on these sales.
Tax 11.03(3)(b)
(b) Sales made by school-related organizations, such as parent-teacher associations and student organizations, not subject to the control and supervision of school officials.
Tax 11.03(3)(c)
(c) Sales of tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., or taxable services by technical college districts.
Tax 11.03(4)
(4)
Sales to schools and school-related organizations. Under s.
77.54, Stats., sales to the following organizations are exempt:
Tax 11.03(4)(a)
(a) Public schools, technical colleges, state colleges and universities, and public school districts, located in Wisconsin. An exemption certificate or a purchase order shall be acceptable evidence of a sale's exempt status.
Tax 11.03(4)(c)
(c) Related organizations of private or public schools which have certificates of exempt status, such as parent-teacher associations and student organizations which are not subject to the control and supervision of school officials.
Tax 11.03(4)(d)
(d) Related organizations of private or public schools, such as parent-teacher associations and student organizations which are subject to the control and supervision of school officials. An exemption certificate completed by the school or a school purchase order shall be acceptable evidence of a sale's exempt status.
Tax 11.03 Note
Note: The change of the term “gross receipts" to “sales price" and the separate impositions of tax on coins and stamps sold above face value under s.
77.52 (1) (b), Stats., certain leased property affixed to real property under s.
77.52 (1) (c), Stats., and digital goods under s.
77.52 (1) (d), Stats., became effective October 1, 2009, pursuant to
2009 Wis. Act 2.
Tax 11.03 History
History: Cr.
Register, November, 1977, No. 263, eff. 12-1-77; am. (1) (a), (2) (a) 3., (3) (a) and (4) (c), renum. (2) (a) 4. to be 5., cr. (2) (a) 4., r. and recr. (2) (b),
Register, September, 1991, No. 429, eff. 10-1-91; r. and recr. (1) (a), am. (1) (b), (3) (intro.) and (a), cr. (2) (a) 6.,
Register, April, 1993, No. 448, eff. 5-1-93; renum. (1) (a) 2. and 3. to be (1) (a) 3. and 2., am. (1) (b), (3) (c), (4) (a) and (c), cr. (4) (d),
Register, October, 1999, No. 526, eff. 11-1-99;
EmR0924: emerg. am. (2) (a) (intro.), 6., (b) (intro.), (3) (intro.), (c) and (4) (intro.), eff. 10-1-09;
CR 09-090: am. (2) (a) (intro.), 6., (b) (intro.), (3) (intro.), (c) and (4) (intro.)
Register May 2010 No. 653, eff. 6-1-10;
CR 10-094: am. (2) (a) 1., 3., 4., 5., (b) 1., 2., (3) (a), (4) (a)
Register November 2010 No. 659, eff. 12-1-10.
Tax 11.04
Tax 11.04
Constructing buildings for exempt entities. Tax 11.04(1m)(a)1.
1. The state of Wisconsin or any agency of the state of Wisconsin, the University of Wisconsin Hospitals and Clinics Authority, Wisconsin Aerospace Authority, Wisconsin Economic Development Corporation, and Fox River Navigational System Authority.
Tax 11.04(1m)(a)5.
5. Any other unit of government in this state or any agency or instrumentality of one or more units of government in Wisconsin.
Tax 11.04(1m)(a)6.
6. Any federally recognized American Indian tribe or band in Wisconsin.
Tax 11.04(1m)(a)8.
8. Any corporation, community chest fund, foundation or association organized and operated exclusively for religious, charitable, scientific or educational purposes, or for the prevention of cruelty to children or animals, except hospital service insurance corporations under s.
613.80 (2), Stats., no part of the net income of which inures to the benefit of any private stockholder, shareholder, member or corporation.
Tax 11.04(1m)(a)9.
9. An entity described under section
501 (c) (2) of the Internal Revenue Code that is exempt from federal income tax under section
501 (a) of the Internal Revenue Code and that is organized for the exclusive purpose of holding title to property, collecting income from that property, and turning over the entire amount of that income, less expenses, to an entity described in s.
77.54 (9a) (f), Stats.
Tax 11.04(1m)(a)12.
12. A cemetery company or corporation described under section
501 (c)
13 of the Internal Revenue Code, if the tangible personal property or taxable services are used exclusively by the cemetery company or corporation for the purposes of the company or corporation.
Tax 11.04(1m)(b)1.
1. The United States, its unincorporated agencies and instrumentalities.
Tax 11.04(1m)(b)2.
2. Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States.
Tax 11.04(2)
(2)
Taxable sales. Except as provided in s.
77.54 (9m),
(26),
(41),
(62m) and
(65), Stats., or if prohibited by federal law, sales of building materials to contractors or subcontractors used in the construction of buildings or structures, or the alteration, repair or improvement of real property for exempt entities, are subject to the tax.
Tax 11.04(3)
(3)
Purchases presumed taxable. When a contractor and an exempt entity enter into a construction contract to improve real property, and the contract provides that the contractor is to furnish the building materials, it is presumed until the contrary is established, that deliveries of building materials to the contractor are made pursuant to purchases made by the contractor.
Tax 11.04(4)
(4)
Supplier is contractor. A supplier, who is also the contractor who uses the building materials in the construction of buildings or structures, or the alteration, repair or improvement of real property for an exempt entity, is the consumer of such building materials, not the seller of personal property to the exempt entity. Except as provided in s.
77.54 (9m),
(26),
(41),
(62m), and
(65), Stats., or if prohibited by federal law, the sale of building materials to the consumer is subject to the tax.
Tax 11.04(5)
(5)
Exempt sales. A supplier's sales of building materials made directly to an exempt entity are not taxable, even though such tangible personal property or item, property, or good under s.
77.52 (1) (b),
(c), or
(d), Stats., is used by the contractor in the erection of a building or structure, or in the alteration, repair or improvement of real property for the exempt entity. Suppliers of building materials may presume that a sale is made directly to an exempt entity if the supplier receives a purchase order from the exempt entity, and payment for such building materials is received directly from the exempt entity.
Tax 11.04 Note
Note: The interpretations in s.
Tax 11.04 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) The building materials exemption for certain sports stadiums became effective October 1, 1991, pursuant to
1991 Act 37; (b) The change of the term “gross receipts" to “sales price" and the separate impositions of tax on coins and stamps sold above face value under s.
77.52 (1) (b), Stats., certain leased property affixed to real property under s.
77.52 (1) (c), Stats., and digital goods under s.
77.52 (1) (d), Stats., became effective October 1, 2009, pursuant to
2009 Wis. Act 2; (c) The building materials exemption for a facility in an electronics and information technology manufacturing zone became effective September 20, 2017, pursuant to
2017 Act 58; (d) The building materials exemption for contracts with certain exempt entities became effective January 1, 2016, pursuant to
2015 Wis. Act 126; and (e) A missing reference was added to the list of exempt entities for a local exposition district and certain title holding companies were also added to the list of exempt entities, effective September 1, 2017, pursuant to
2017 Wis. Act 231.
Tax 11.04 History
History: Cr.
Register, January, 1979, No. 277, eff. 2-1-79; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register, August, 1999, No. 524;
EmR0924: emerg. am. (1), (2) (title), (3) and (5), eff. 10-1-09;
CR 09-090: am. (1), (2) (title), (3) and (5)
Register May 2010 No. 653, eff. 6-1-10;
CR12-014: am. (1)
Register August 2012 No. 680, eff. 9-1-12;
CR 13-012: am. (1)
Register August 2013 No. 692, eff. 9-1-13;
CR 14-006: am. (1)
Register August 2014 No. 704, eff. 9-1-14;
CR 20-018: am. (1), cr. (1) (a) 9., am. (2), (4)
Register July 2021 No. 787, eff. 8-1-21; correction in (1) (intro.) made under s. 35.17, Stats., renumber (1) (a), (b) to (1m) (a), (b) under s. 13.92 (4) (b) 1., Stats., and create (1m) (title) under s. 13.92 (4) (b) 2., Stats.,
Register July 2021 No. 787.
Tax 11.05(1)(1)
General. Sales by the state of Wisconsin, any agency thereof and governmental units within this state are generally subject to the Wisconsin sales tax. However, sales by the United States government or any agency thereof are not taxable.
Tax 11.05(2)
(2)
Taxable sales. Taxable sales by governmental units include the following:
Tax 11.05(2)(a)
(a) Admissions to facilities if the activity being conducted at the facility is amusement, athletic, entertainment, or recreational in nature, except as provided in sub.
(3) (r),
(s), and
(y).
Tax 11.05 Note
Example: Green fees, campground fees, swimming fees, ice skating fees and park shelter house fees are taxable if the activity being conducted at the facility is amusement, athletic, entertainment or recreational in nature.
Tax 11.05(2)(b)
(b) Food and gift stand sales, including sales of candy, soft drinks, prepared foods, cigarettes, tobacco products, postcards, books, magazines and other periodicals described in s.
Tax 11.19, and novelties. Newspaper sales are exempt.
Tax 11.05 Note
Note: See s.
Tax 11.51 for a list of food products subject to tax.
Tax 11.05(2)(c)
(c) Sales or rental of recreational equipment and supplies.
Tax 11.05(2)(d)
(d) Charges for access to or use of athletic facilities such as baseball and softball diamonds, stadiums, and gymnasiums, including entry fees and any charges for lights, heat, janitor fees and equipment, when used for activities which are amusement, athletic, entertainment or recreational in nature, except as provided in sub.
(3) (r),
(s),
(y), and
(zg).
Tax 11.05(2)(e)
(e) Sales of electricity, gas, and steam by municipal utilities, except as provided in sub.
(3) (b).
Tax 11.05(2)(f)
(f) Sales of maps, plat books, photocopies, or other printed material, except as provided in sub.
(3) (q).
Tax 11.05(2)(g)
(g) Sales or rental of equipment and office furniture, including the rental of motor vehicles to employees.
Tax 11.05(2)(gm)
(gm) Sales of motor vehicles, boats, snowmobiles, recreational vehicles as defined in s.
340.01 (48r), Stats., trailers, semitrailers, all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, and aircraft. Governmental units must collect the sales tax on its sales of these items. If the governmental unit does not collect the tax from the purchaser, the purchaser shall file a sales tax return and pay the tax prior to titling or registering the property in this state.
Tax 11.05(2)(h)
(h) Sales of buildings or timber when the purchaser acquires the property for removal.
Tax 11.05(2)(i)
(i) Furnishing of rooms or lodging facilities, available to the public, to any person residing for a continuous period of less than one month, except that the tax does not apply to the receipts from accommodations furnished by any hospitals, sanatoriums, nursing homes, colleges, or universities operated by governmental units and the tax does not apply to furnishing rooms or lodging to a person through the sale of any kind of time-share property.
Tax 11.05(2)(j)
(j) Sales of taxable items, property, or goods dispensed through vending machines, and sales of access to or the use of amusement devices, if the governmental unit owns the machine or device or has control of the contents of the machine or the device.
Tax 11.05(2)(k)
(k) Sales of soft drinks and alcoholic beverages, including sales of these items by hospitals, sanatoriums, nursing homes, retirement homes, community-based residential facilities as defined in s.
50.01 (1g), Stats., and any facility certified or licensed under ch.
48, Stats.
Tax 11.05(2)(L)
(L) Charges for candy, soft drinks, dietary supplements and prepared foods to “Huber" law prisoners.
Tax 11.05(2)(m)
(m) Sales of books and supplies, including sales by technical college districts. Sales of tangible personal property and items, property, and goods under s.
77.52 (1) (b),
(c), and
(d), Stats., by elementary and secondary schools are exempt under s.
77.54 (4), Stats.
Tax 11.05(2)(p)
(p) Sales and delivery of trees, shrubs, or gravel to private purchasers. A sale of gravel is not taxable if the seller of the gravel puts the gravel in its final resting place.
Tax 11.05 Note
Examples: 1) Governmental Unit A sells a load of gravel to Individual B. Governmental Unit A dumps the gravel in a pile at Individual B's home. Individual B will then spread the gravel and put it in its final resting place. The sale of the gravel by Governmental Unit A to Individual B is a sale of tangible personal property that is subject to Wisconsin sales or use tax.
Tax 11.05 Note
2) Governmental Unit X dump spreads or gate spreads gravel on Customer Z's driveway. Customer Z, or someone other than Governmental Unit X, will then grade, rake, and compact the materials into their final resting place. Since Governmental Unit X is not placing the gravel in its final resting place, Governmental Unit X's sale of the gravel to Customer Z is subject to sales tax as a sale of tangible personal property.
