Tax 11.08 Note
Note: A listing that contains numerous items and descriptions of items that have been categorized as drugs, durable medical equipment, mobility-enhancing equipment, and prosthetic devices can be found in the Rules and Procedures of the Streamlined Sales Tax Governing Board, Inc., available at
http://www.streamlinedsalestax.org.
Tax 11.08(5)
(5)
Parts, accessories and service. The sales price from the sale of repair and replacement parts, accessories, and services to the exempt property identified in s.
77.54 (22b), Stats., is also exempt.
Tax 11.08(6)
(6)
Diabetes supplies. Section
77.54 (28), Stats., exempts from Wisconsin sales and use tax the sales price from the sale of and the storage, use or other consumption to or by the ultimate consumer of supplies used to determine blood sugar level.
Tax 11.08 Note
Example: The sales price from the sale of blood glucose test strips is exempt from sales and use tax.
Tax 11.08 Note
Note: The interpretations in s. Tax 11.08 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) Charges for oxygen equipment became exempt September 1, 1983, pursuant to
1983 Wis. Act 27; (b) Charges for motorized wheelchairs and scooters became exempt September 1, 1985, pursuant to
1985 Wis. Act 29; (c) Charges for apparatus or equipment for the injection of insulin or the treatment of diabetes and supplies used to determine blood sugar levels became exempt March 1, 1989, pursuant to
1987 Wis. Act 399; (d) Charges for antiembolism elastic hose and stockings prescribed by a physician became exempt October 1, 1989, pursuant to
1989 Wis. Act 31; (e) The exemption for adaptive equipment for a disabled person's vehicle became exempt effective June 1, 1990, pursuant to
1989 Wis. Act 238, renumbered by
1989 Wis. Act 359; (f) The exemption for parts and accessories became effective August 15, 1991, pursuant to
1991 Wis. Act 39; (g) The exemptions provided in s. 77.54 (14s) and (22), Stats., were repealed effective October 1, 2009, and replaced with the exemptions provided under s. 77.54 (22b), Stats., pursuant to
2009 Wis. Act 2; (h) The exemption in s. 77.54 (28), Stats., was amended to remove the exemption for apparatus and equipment for the injection of insulin or the treatment of diabetes. These items will still qualify for exemption under s. 77.54 (22b), Stats., if they are for home use, pursuant to
2009 Wis. Act 2; and (i) The clarification that a “prosthetic device" must be a replacement, corrective, or supportive device became effective July 2, 2013, pursuant to
2013 Wis. Act 20.
Tax 11.08 History
History: Cr.
Register, September, 1977, No. 261, eff. 10-1-77; am. (1) and (4),
Register, July, 1978, No. 271, eff. 8-1-78; am. (1), (2) and (3),
Register, January, 1983, No. 325, eff. 2-1-83; r. (2) (c), renum. (5) to be (6), cr. (5),
Register, September, 1984, No. 345, eff. 10-1-84; am. (4),
Register, July, 1987, No. 379, eff. 8-1-87; am. (1), cr. (5), (7) and (8), renum. (5) and (6) to be (6) and (9),
Register, March, 1991, No. 423, eff. 4-1-91; am. (1) (intro.), (2) (intro.), (3) to (6), (8) and (9), r. (1) (d), renum. (1) (e) to (i) to be (1) (d) to (h),
Register, May, 1993, No. 449, eff. 6-1-93;
EmR0924: emerg. r. and recr. eff. 10-1-09;
CR 09-090: r. and recr.
Register May 2010 No. 653, eff. 6-1-10;
CR 10-094: am. (2) (b) 2., (4) (b), (5)
Register November 2010 No. 659, eff. 12-1-10;
CR 14-006: am. (4) (a)
Register August 2014 No. 704, eff. 9-1-14.
Tax 11.09(1)(1)
Definition. For the exemption in s.
77.54 (14), Stats., “drug" means a compound, substance, or preparation, or any component of them, other than food and food ingredients, dietary supplements, or alcoholic beverages, to which any of the following applies:
Tax 11.09(1)(a)
(a) It is listed in the United States Pharmacopoeia, Homeopathic Pharmacopoeia of the United States, or National Formulary, or any supplement to any of them.
Tax 11.09(1)(b)
(b) It is intended for use in diagnosing, curing, mitigating, treating, or preventing a disease.
Tax 11.09(1)(c)
(c) It is intended to affect a function or structure of the body.
Tax 11.09(2)
(2)
Items which are drugs. Drugs include the following items described in sub.
(1):
Tax 11.09(2)(c)
(c) Analgesics (aspirin, acetaminophen, ibuprofen, ketoprofen, naproxen, etc.).
Tax 11.09(2)(k)
(k) Contraceptives (creams, gels, foams, and medicated condoms).
Tax 11.09(2)(t)
(t) Gases — medical grade (air, carbon dioxide, helium, nitrogen, oxygen).
Tax 11.09(2)(z)
(z) Nutrition formulas (enteral and parenteral with a drug facts label).
Tax 11.09(2)(zf)
(zf) Smoking cessation products such as gums, lozenges, and patches that contain nicotine.
Tax 11.09 Note
Note: A listing that contains numerous items and descriptions of items that have been categorized as drugs, durable medical equipment, mobility-enhancing equipment, and prosthetic devices can be found in the Rules and Procedures of the Streamlined Sales Tax Governing Board, Inc., available at
http://www.streamlinedsalestax.org.
Tax 11.09(3)
(3)
Items which are not drugs. Items which are not described in sub.
(1) and which are not drugs include:
Tax 11.09(4)
(4)
Exempt sales or use of drugs. Drugs shall be exempt if:
Tax 11.09(4)(a)
(a) Prescribed for the treatment of a human being by a person authorized to prescribe the drugs, and dispensed on prescription filled by a registered pharmacist in accordance with law. Insulin furnished by a pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed dispensed on prescription.
Tax 11.09(4)(b)
(b) Sold to a licensed physician, surgeon, podiatrist, dentist, or hospital for the treatment of a human being.
Tax 11.09(4)(c)
(c) Furnished by a licensed physician, surgeon, podiatrist, or dentist to a patient who is a human being for treatment of the patient.
Tax 11.09(4)(d)
(d) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, surgeon, dentist, or podiatrist. For this exemption, “hospital" has the meaning described in s.
50.33 (2), Stats., and does not include nursing homes.
Tax 11.09(4)(e)
(e) Sold to this state or any political subdivision or municipal corporation of the state, for use in the treatment of a human being; or furnished for the treatment of a human being by a medical facility or clinic maintained by this state or any political subdivision or municipal corporation of the state.
Tax 11.09(4)(f)
(f) Furnished without charge to a physician, surgeon, nurse anesthetist, advanced practice nurse, osteopath, dentist licensed under ch.
447, Stats., podiatrist licensed under ch.
448, Stats., or optometrist licensed under ch.
449, Stats., if the drug may not be dispensed without a prescription.
Tax 11.09(5)
(5)
Taxable sales of drugs. Taxable sales of drugs include:
Tax 11.09 Note
Note: For exemption of drugs used on farm livestock or other animals, refer to ss.
Tax 11.12 and
11.61.
Tax 11.09 Note
Note: The interpretations in s.
Tax 11.09 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) The exemption for certain medicines furnished without charge became effective October 14, 1997, pursuant to
1997 Wis. Act 27; and (b). The definition of “drug" is effective October 1, 2009, pursuant to
2009 Wis. Act 2.
Tax 11.09 History
History: Cr.
Register, September, 1977, No. 261, eff. 10-1-77; r. (3) (g),
Register, September, 1984, No. 345, eff. 10-1-84; am. (4) (d) and (6),
Register, July, 1987, No. 379, eff. 8-1-87; am. (5) (b),
Register, June, 1990, No. 414, eff. 7-1-90; am. (2) (c), (3) (c) and (4) (a),
Register, March, 1991, No. 423, eff. 4-1-91; am. (1), (4) (e), cr. (4) (f), r. (6),
Register, May, 1999, No. 521, eff. 6-1-99;
EmR0924: emerg. r. and recr. (title), (1), (2) and (3), am. (4) (title), (intro), (a) to (d), (f), (5) (title), (intro.) and (b), eff. 10-1-09;
CR 09-090: r. and recr. (title), (1), (2) and (3), am. (4) (title), (intro), (a) to (d), (f), (5) (title), (intro.) and (b)
Register May 2010 No. 653, eff. 6-1-10;
CR 10-094: am. (1) (b), renum. (2) to be (2) (intro.) and am., cr. (2) (a) to (zj)
Register November 2010 No. 659, eff. 12-1-10;
CR 20-027: am. (4) (a)
Register July 2021 No. 787, eff. 8-1-21.
Tax 11.10
Tax 11.10
Wind, solar, and certain gas powered products. Tax 11.10(1)(1)
General. Section
77.54 (56), Stats., provides a sales and use tax exemption for the following:
Tax 11.10(1)(a)
(a) The sales price from the sale of and the storage, use, or other consumption of a product whose power source is wind energy, direct radiant energy received from the sun, or gas generated from anaerobic digestion of animal manure and other agricultural waste, if the product produces at least 200 watts of alternating current or 600 British thermal units per day, except that the exemption does not apply to an uninterruptible power source that is designed primarily for computers.
Tax 11.10(1)(b)
(b) Except for the sale of electricity or energy that is exempt from taxation under s.
77.54 (30), Stats., the sales price from the sale of and the storage, use, or other consumption of electricity or energy produced by a product described in par.
(a).
Tax 11.10(2)(d)
(d) “Gas" means a fuel that is comprised primarily of methane and exists in a gaseous state at normal room temperature and pressure.
Tax 11.10(2)(e)
(e) “Product" means
tangible personal property that converts wind energy, direct radiant energy received from the sun, or gas generated from the anaerobic digestion of animal manure and other agricultural waste into alternating current electricity or heat.
Tax 11.10(3)
(3)
Items which are products. Product, as defined in sub.
(2) (e), includes the following items:
Tax 11.10(3)(a)
(a) Wind turbine generators, including blade assembly and tower.
Tax 11.10(3)(d)
(d) Photovoltaic cells, modules, and arrays, including tracking equipment that maintains optimal orientation to the sun.
Tax 11.10(3)(f)
(f) Inverters used to transform direct current produced by an item described in sub.
(2) into alternating current, including property used to convey the direct current from the product to the inverter.
Tax 11.10(4)
(4)
Items which are not products. Product, as defined in sub.
(2) (e), excludes the following items:
