Tax 11.14(6)(a)(a) Effect of obtaining exemption certificate claiming resale. Tax 11.14(6)(a)1.1. The burden of proving that a sale of property, items, goods, or services is not at retail is upon the seller unless the seller accepts an exemption certificate from the purchaser as provided in sub.
(3) (a) or captures and maintains the data elements as required in sub.
(4) (a) that indicate the property, item, good, or service is purchased for resale. Obtaining the certificate or capturing and maintaining the data elements that indicate the property, item, good, or service is purchased for resale, relieves the seller from liability for the sales tax and the duty of collecting the use tax.
Tax 11.14(6)(a)2.
2. If a purchaser gives an exemption certificate as provided in sub.
(3) (a) or provides the data elements described in sub.
(4) (a), claiming resale for property, item, good, or service acquired and then makes any storage or use of the property, item, good, or service other than retention, demonstration, or display while holding it for sale, lease, license, or rental in the regular course of business, the storage or use is taxable to the purchaser as of the time the property, item, good, or service is first stored or used. The sales tax shall be reported and paid by the purchaser with the tax return for the period in which the property, item, good, or service is first so stored or used.
Tax 11.14(6)(b)
(b) Contents of exemption certificates claiming resale. An exemption certificate claiming resale shall contain the following information for the seller to be relieved from the burden of proving the sale of property or services was not a taxable sale:
Tax 11.14(6)(b)1.
1. The name, address, and signature of the purchaser, except that if the exemption certificate is received electronically, a signature is not required.
Tax 11.14(6)(b)3.
3. The basis for the claimed exemption including the seller's permit number of the purchaser, except that:
Tax 11.14(6)(b)3.a.
a. A wholesaler who sells only to other sellers for resale may insert “wholesale only" in the space for a seller's permit number.
Tax 11.14(6)(b)3.b.
b. A person registered as a seller in another state, who makes no retail sales in Wisconsin, may insert the name of the state in which registered and the permit number issued to the person by that state.
Tax 11.14(6)(b)3.c.
c. A person who makes exempt sales only in the regular course of business may insert the words “exempt sales only" in the space for a seller's permit number.
Tax 11.14(7)(a)(a) A supplier who accepts a fully completed exemption certificate claiming a manufacturing exemption marked for “continuous" use may make sales to the manufacturer without collecting the tax if the nature of the property, items, or services sold qualifies for one of the exempt uses claimed by the manufacturer on the form. If an exemption certificate is a “continuous" form, each purchase order of the manufacturer shall refer to it. If an individual order contains both exempt and non-exempt purchases, the purchaser shall designate which items are taxable.
Tax 11.14(7)(b)
(b) If the manufacturer uses “single purchase" certificates, it may print these as an integral part of its purchase orders, as long as the essential information on the approved form is retained.
Tax 11.14(8)
(8)
Farmer's exemption. A retailer shall have a signed exemption certificate for every exempt sale made to a farmer, except that if the exemption certificate is received electronically, a signature is not required.
Tax 11.14 Note
Note: Section
Tax 11.12 describes the types of property
, items, goods, and services which may be sold to farmers without tax, and the use of the exemption certificate to claim farming exemptions.
Tax 11.14(9)
(9)
Exemption for fuel oil, propane, coal, steam, and wood for fuel for residential or farm use. A retailer shall have a signed exemption certificate if the sale of fuel oil, propane, coal, steam or wood for residential or farm use is partially exempt from sales or use tax, except that if the exemption certificate is received electronically, a signature is not required. If the sale is 100% exempt, an exemption certificate is not required.
Tax 11.14(10)
(10)
Exemption for electricity and natural gas sold for residential or farm use. A retailer of electricity or natural gas shall have a signed exemption certificate, except that if the exemption certificate is received electronically, a signature is not required, for all sales of electricity or natural gas for residential or farm use which are exempt from sales or use tax unless any, or all, of the following apply:
Tax 11.14(10)(b)
(b) The sale is to an account which is properly classified as residential or farm pursuant to schedules which are filed for rate tariff with the Wisconsin public service commission which are in force at the time of the sale.
Tax 11.14(10)(c)
(c) The sale is to an account which is properly classified as residential or farm for classification purposes as directed by the federal rural electrification administration.
Tax 11.14(11)(a)
(a) A retailer of tangible personal property, items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., or taxable services may accept from a federal or Wisconsin governmental unit or any federally recognized American Indian tribe or band in Wisconsin, an exemption certificate as provided in sub.
(3) (a) or the data elements as required in sub.
(4) (a) as proof that a sale is exempt from sales or use tax.
Tax 11.14(11)(b)
(b) In lieu of accepting an exemption certificate as provided in par.
(a), a retailer who issues its billing or invoice in the name of the Wisconsin or federal governmental unit or any federally recognized American Indian tribe or band in Wisconsin, may accept either one of the following:
Tax 11.14(11)(b)1.
1. A purchase order or similar written document from the governmental unit or tribe or band, identifying itself as the purchaser.
Tax 11.14(11)(b)2.
2. A verbal indication of the governmental unit's or tribe's or band's, certificate of exempt status, or CES, number, which the retailer shall record on the copy of the invoice it retains.
Tax 11.14(12)
(12)
Other exemptions. The Wisconsin sales and use tax exemption certificate, form S-211, and the Streamlined Sales and Use Tax Exemption Certificate, SSTGB Form F0003, may also be used to claim any other sales and use tax exemption provided by law, including the following:
Tax 11.14(12)(a)
(a) Containers and other packaging, packing, and shipping materials used to transfer merchandise to customers of the purchaser.
Tax 11.14(12)(b)
(b) Tangible personal property and items under s.
77.52 (1) (b), Stats., that are used exclusively and directly by a manufacturer in manufacturing an article of tangible personal property or item or property under s.
77.52 (1) (b) or
(c), Stats., that is destined for sale and that becomes an ingredient or component part of the article of tangible personal property or item or property under s.
77.52 (1) (b) or
(c), Stats., destined for sale or is consumed or destroyed or loses its identity in manufacturing the article of tangible personal property or item or property under s.
77.52 (1) (b) or
(c), Stats., destined for sale, except as provided in s.
77.54 (30) (a) 6., Stats.
Tax 11.14(12)(c)
(c) Trailers or accessories, attachments, parts, supplies, materials, and service on motor trucks, tractors, and trailers which are used exclusively in common or contract carriage.
Tax 11.14(12)(d)
(d) Property, items, goods, or services purchased directly by and used by a religious, charitable, educational, scientific, or other organization; title holding entity described under section
501 (c) (2) of the Internal Revenue Code; or governmental unit holding a Certificate of Exempt Status, “CES." Sales to organizations holding a CES also can be documented as exempt by a retailer's recording the certificate number on its bill of sale. A 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, which is located out-of-state, may use the Wisconsin sales and use tax exemption certificate, form S-211, or the Streamlined Sales and Use Tax Exemption Certificate, SSTGB Form F0003, to purchase without tax even though it has not been issued a Wisconsin CES number.
Tax 11.14(12)(e)
(e) Railway cars, locomotives and other rolling stock used in railroad operations, or accessories, attachments, parts, lubricants, or fuel therefor.
Tax 11.14(12)(f)
(f) Commercial vessels and barges of 50-ton burden or over engaged in interstate or foreign commerce or commercial fishing, and accessories, attachments, parts, and fuel therefor.
Tax 11.14(13)
(13)
Construction contracts entered into before the effective date of a county or stadium tax. Tax 11.14(13)(a)
(a) The certificate for a construction contract entered into before the effective date of a county tax, or a stadium tax as defined in s.
Tax 11.001 (2) (d), form S-207CT-1, is used by contractors to purchase building materials without the county or stadium tax. The certificate shall be used by a contractor only if the following 3 conditions are met:
Tax 11.14 Note
Note: Section Tax 11.001 (2) (d) was repealed with
CR 22-044.
Tax 11.14(13)(a)1.
1. The contractor entered into a written contract or made a formal bid before the effective date of the county or stadium tax to construct, alter, repair, or improve real estate for another person.
Tax 11.14(13)(a)2.
2. The written contract is for a fixed price that cannot be changed or the formal written bid cannot be altered or withdrawn.
Tax 11.14(13)(a)3.
3. The building materials purchased on or after the effective date of the county or stadium tax are affixed and made a part of real estate in fulfilling the written contract or formal written bid.
Tax 11.14(13)(b)
(b) The certificate shall give the descriptive name of the contract, job site, county or stadium tax effective date, date of prime contract and bid, date contract was signed, seller's name, date of performance of the contract, and contractor's name and address and shall be signed by the contractor, except that if the certificate is received electronically, a signature is not required.
Tax 11.14(14)
(14)
direct pay permits. The use of direct pay permits in Wisconsin is authorized under s.
77.52 (17m), Stats. A person may apply to the department for a direct pay permit.
Tax 11.14 Note
Note: For information on who qualifies for a direct pay permit and how to use direct pay, refer to s.
Tax 11.13.
Tax 11.14(15)(a)
(a) A purchaser who gives an exemption certificate knowing at the time that the transaction is not exempt may be guilty of a misdemeanor under s.
77.52 (16), Stats. The purchaser may also be liable for other penalties provided by law for filing incorrect returns.
Tax 11.14(15)(b)
(b) A purchaser who uses an exemption certificate in a manner that is prohibited by or inconsistent with Wisconsin law or who provides incorrect information to a seller or certified service provider relating to an exemption being claimed will also be subject to a penalty of $250 for each invoice or bill of sale related to the prohibited or inconsistent use to which the incorrect information applies.
Tax 11.14(16)
(16)
Exemption certificate not needed for certain sales. No exemption certificate is required for sales of property, items, goods, or services that are exempt from Wisconsin sales and use tax 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),
(66), and
(67), Stats.
Tax 11.14 Note
Note: The interpretations in s.
Tax 11.14 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) The exemption for railroad lubricants became effective July 1, 1978, pursuant to
Chapter 418, Laws of 1977; (b) The use of direct pay permits in Wisconsin became effective for taxable years beginning on or after January 1, 1995, pursuant to
1993 Wis. Act 437; (c) The elimination of the exemption certificate requirement for sales of certain consigned commodities became effective December 1, 1997 as it relates to sales taxes on commodities consigned for resale, pursuant to
1997 Wis. Act 27, and June 17, 1998 as it relates to sales and use taxes on commodities consigned for sale, pursuant to
1997 Wis. Act 237; (d) The multipurpose exemption certificate, form S-211, was created in November 1998 to replace various types of exemption certificates; (e) The removal of the good faith requirement if a fully completed exemption certificate is obtained by the seller from the purchaser within 90 days of the date of sale became effective October 1, 2009, pursuant to
2009 Wis. Act 2; (f) The requirement that a seller is allowed 120 days after the Department of Revenue requests that they obtain an exemption certificate or otherwise prove that a transaction is exempt became effective October 1, 2009, pursuant to
2009 Wis. Act 2; (g) The exemption from sales and use tax for federally recognized American Indian bands or tribes in Wisconsin became effective July 1, 2009, pursuant to
2009 Wis. Act 28; (h) The acceptance of the Streamlined Sales and Use Tax Exemption Certificate to prove a transaction is exempt became effective October 1, 2009, pursuant to
2009 Wis. Act 2; (i) The penalty for prohibited or inconsistent use of an exemption certificate or direct pay permit became effective October 1, 2009 pursuant to
2009 Wis. Act 2; (j) The identification of the specific exemptions for which an exemption certificate is not required became effective October 1, 2009, pursuant to
2009 Wis. Act 2; (k) 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; and (L) The exemption for certain title holding entities described under section 501 (c) (2) of the Internal Revenue Code was effective retroactively to September 1, 2017, pursuant to 2017 Wis. Act 231.
Tax 11.14 History
History: Cr.
Register, November, 1978, No. 275, eff. 12-1-78; am. (7) (a).,
Register, June, 1983, No. 330, eff. 7-1-83; cr. (2) (c) and am. (10),
Register, July, 1987, No. 379, eff. 8-1-87; cr. (2) (a) 5. and 6., (10), (11) and (14), am. (2) (a), (5) (b), (6) (b) (intro.) and 5., (7) (a) (intro.) and 4. and 5., (8) (a) and (9), renum. (10) and (11) to be (12) and (13) and am.,
Register, March, 1991, No. 423, eff. 4-1-91; am. (2) (c), (3) (b) and (c), (6) (b) 4., r. and recr. (12),
Register, June, 1995, No. 474, eff. 7-1-95; renum. (12), (13) and (14) to be (13), (14) and (15), am. (2) (a) (intro.), cr. (2) (a) 7. and (12),
Register, October, 1997, No. 502, eff. 11-1-97; am. (1) (c), (3) (a) and (b), (5) (b), (6) (a) 2., (b), 3., r. and recr. (2) (a) 1. and 2., cr. (6) (b) 4. c. and (16), r. (2) (a) 3. to 7., (7) (b), (10) (b), (11) (b) and (12) (b) 1., renum. (7) (a) 1. to 6. to be (12) (a) to (f) and am. (12) (d), renum. (8) to (10) (a) to be (7) to (9) and am. (7) (a), (8) and (9), renum. (11) (a) 1. to 3. to be (10) (a) to (c), renum. (12) (a) to be (11) (a) and am., renum. (12) (b) 2. and 3., (13), (14) and (15) to be (11) (b) 1. and 2., (13), (14) and (15) and am. (13) (a), 1. and 3. and (b),
Register, August, 1999, No. 524, eff. 9-1-99;
CR 02-128: am. (6) (a) 2., and (13) (a) (intro.) and (b),
Register July 2003 No. 571, eff. 8-1-03;
EmR0924: emerg. am. (2) (a) (intro.), 1., (b), (c), (5) (a), (6) (a) 1., 2., (b) 2., (7) (a), (11), (12) (intro.), (b) to (f), (13) (a) 1. and (b), cr. (2) (a) 3. and (15) (b), r. and recr. (3), (4), (5) (b) and (16), r. (6) (b) 3. and 5., renum. (6) (b) 4. and (15) to be (6) (b) 3. and (15) (a) and am. (6) (b) 3. (intro.), eff. 10-1-09;
CR 09-090: am. (2) (a) (intro.), 1., (b), (c), (5) (a), (6) (a) 1., 2., (b) 2., (7) (a), (11), (12) (intro.), (b) to (f), (13) (a) 1. and (b), cr. (2) (a) 3. and (15) (b), r. and recr. (3), (4), (5) (b) and (16), r. (6) (b) 3. and 5., renum. (6) (b) 4. and (15) to be (6) (b) 3. and (15) (a) and am. (6) (b) 3. (intro.)
Register May 2010 No. 653, eff. 6-1-10;
CR 10-094: am. (2) (c), (3) (a), (4) (b), (5) (a), (6) (a), (7) (a), (9), (12) (a), r. and recr. (4) (c)
Register November 2010 No. 659, eff. 12-1-10;
CR 12-014: am. (2) (a) 3., (6) (b) 1., (8), (9), (10) (intro.), (13) (b)
Register August 2012 No. 680, eff. 9-1-12;
CR 19-112: am: (2) (b), (16)
Register June 2020 No. 774, eff. 7-1-20;
CR 20-018: am. (12) (d), (16)
Register July 2021 No. 787, eff. 8-1-21; correction in (16) made under s.
35.17, Stats.,
Register July 2021 No. 787.
Tax 11.15
Tax 11.15
Containers and other packaging and shipping materials. Tax 11.15(1)(1)
Property exempt under s. 77.54 (6) (am) 2., stats. Tax 11.15(1)(a)
(a) To be exempt, containers, labels, sacks, cans, boxes, drums, bags, or other packaging and shipping materials for use in packing, packaging, or shipping tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats., shall be “used by the purchaser to transfer merchandise to customers." Whether the containers or other packaging or shipping materials are returnable or nonreturnable is not a factor. The exemption does not apply to containers used in the incidental transfer of property to customers by persons providing services.
Tax 11.15(1)(b)
(b) Containers include barrels, bottles, cartons, chemical carboys, and kegs. Packaging and shipping materials include property used inside a package to shape, form, preserve, stabilize, or protect the contents, such as excelsior, straw, cotton, cardboard fillers, separators, shredded paper, ice, dry ice, and batting, and rope, twine, gummed tape, wrapping paper, rubber bands, crates, and crating materials, pallets, skids, and mailing tubes.
Tax 11.15(1)(c)
(c) The sales price from the sale of the following items is within the exemption:
Tax 11.15(1)(c)1.
1. Cans in which canned goods, paints, and other commodities are contained; medicine bottles; boxes in which jewelry, candy, suits, dresses, and hats are delivered to customers; and ice cream cartons.
Tax 11.15(1)(c)2.
2. Bottles and cases used by breweries, wineries, or soda water beverage producers to transfer the product to customers.
Tax 11.15(1)(c)3.
3. Barrels, half-barrels, kegs, and the like, used by a brewery to transfer draft beer to wholesalers or retailers.
Tax 11.15(1)(c)6.
6. Paper food dividers used to separate food sections in a container for transfer to a customer.
Tax 11.15(1)(c)7.
7. Paper bags purchased by grocery stores, bakeries, or other retailers and used by their customers in carrying out their purchases.
Tax 11.15(1)(c)8.
8. Feed bags purchased by feed dealers who use the bags to transfer merchandise sold to their customers.
Tax 11.15(1)(c)9.
9. Bale ties sold to a hay owner and used to deliver hay to the owner's customers.
Tax 11.15(1)(c)10.
10. Ice used by a commercial fisher inside a box of fish to preserve the fish during shipment to market.
Tax 11.15(1)(c)11.
11. LPG tanks used to transfer fuel to customers which are replaced each time the fuel is exhausted.
Tax 11.15(1)(c)12.
12. Packaging and shipping materials for use in packing, packaging, or shipping meat or meat products, regardless of whether these items are used to transfer merchandise to customers.
Tax 11.15 Note
Note: See Tax 11.12 for information on farmer's container exemption.
Tax 11.15(2)
(2)
Property not exempt under s. 77.54 (6) (am) 2., Stats. Sales of the following items are not within this exemption:
Tax 11.15(2)(a)
(a) Wrapping equipment such as paper holders, tape dispensers, staplers, and string holders.
Tax 11.15(2)(d)
(d) Computer produced gummed label mailing lists used to address envelopes. However, labels for envelopes used to transfer tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats., to customers are exempt.
Tax 11.15(2)(e)
(e) Containers or other packaging and shipping materials used merely for storage or to transfer merchandise owned by a person from one location to another, such as bakery delivery carts and containers used in delivering bakery products to retailers, where the carts are not transferred by the bakery to the retailer.
Tax 11.15 Note
Examples: 1) Wholesaler A's truck driver delivers bakery products to Grocery Store B. The truck driver brings the bakery products into Grocery Store B on a cart, puts the bakery products from the cart onto Grocery Store B's shelves and returns the cart to the truck and provides Grocery Store B with an invoice for the bakery products. The cart is not transferred to Grocery Store B (the bakery retailer), and is not an exempt container.
Tax 11.15 Note
2) Wholesaler C's truck driver delivers bread to Grocery Store D. The truck driver brings the bread into Grocery Store D on a cart, and leaves the bread on the cart at Grocery Store D. The truck driver picks up the cart that was left with the last delivery. The truck driver provides Grocery Store D with an invoice for the bread. Grocery Store D's employees stock its shelves as needed with the bread from the cart. The cart is transferred to Grocery Store D (the bakery retailer), and is an exempt container.
Tax 11.15(2)(f)
(f) Lumber or other material used for bracing, blocking, skidding, or shoring items while in transit that is not transferred to the customer of the shipped items; and cardboard and paper used to line box cars.
Tax 11.15(2)(g)
(g) Price tags and advertising matter used in connection with the sale of tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., including counter display cards used for advertising and display purposes.
Tax 11.15(2)(h)
(h) Tanks on trucks used to deliver merchandise to customers.
Tax 11.15(2)(i)
(i) Corrugated boxes and other containers and related packing materials purchased by movers for use in transporting a customer's goods.
Tax 11.15(2)(j)
(j) Bags, boxes, hangers, and other containers transferred to customers by laundries, dry cleaners, and other persons providing services.
Tax 11.15 Note
Note: In a decision dated November 23, 1979 in the case of
Leicht Transfer & Storage Co., Inc. vs. Wisconsin Department of Revenue the Wisconsin Tax Appeals Commission held that corrugated boxes and related packing materials used by Leicht to transport a customer's property from one location to another do not come within the exemption in s.
77.54 (6) (b), 2011 Stats. This decision was affirmed by the Dane County Circuit Court on May 19, 1980, by the Court of Appeals, District IV on May 26, 1981.
Tax 11.15(3)(a)
(a) Returnable container deposits received by a retailer at the time of the retail sale of tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats., such as soft drink bottles, beer bottles and containers, and refunds of the deposits may be excluded from the computation of the taxable sales price if they are excluded from the sales price on the retailer's books of account.
Tax 11.15(3)(b)
(b) If a retailer's books of account include container deposits in the sales price and if refunds of the deposits are deducted from the sales price, the retailer shall use this method of reporting the taxable sales price on a sales tax return. Under this method, the sales price from the deposit is subject to the tax and the tax may be collected from the customer. However, when the deposit is refunded to the customer, the applicable sales tax shall also be refunded to the customer.
Tax 11.15(4)(a)
(a) The sales price from sales to restaurants, cafeterias, caterers, nursing homes, or vending machine operators of disposable items, including paper and plastic cups, plates, butter chips, hamburger and frankfurter baskets or buckets, utensils, straws, placemats, napkins, doggie bags, wrapping materials, and toothpicks, transferred to customers for a valuable consideration by these persons as part of the sale of food, food products, and beverages to customers are not subject to the tax.
Tax 11.15(4)(b)
(b) The sales price from the sale of disposable products to a restaurant that are transferred with candy, soft drinks, dietary supplements, and prepared foods furnished for no consideration by the restaurant to the restaurant's own employees during the employee's work hours is not subject to the tax.
Tax 11.15(5)
(5)
Demurrage, lease, or rental of fuel storage tanks. A gas supplier's monthly charge to a customer for the use of an LPG or other fuel storage tank which remains indefinitely on the customer's premises is taxable. The charge a supplier makes because a gas cylinder is retained by a customer beyond a 30-day period is also taxable. These “demurrage" charges constitute taxable rentals paid for the continuation of possession of the container. If a charge is made to the customer for the use of the container and the container is used exclusively for those leasing purposes, the gas supplier may issue an exemption certificate claiming resale when the supplier purchases the container.
