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.
Tax 11.15(6)(a)
(a) If a charge is made by a seller or lessor of tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats., to a customer for a container or packaging materials used in connection with the shipment of the property or item, the charge for the container or packaging materials becomes a part of the sales price or rental charge. If the sale of the property or item shipped is not subject to or is exempt from tax, the charge for the container or packaging materials is not subject to or is exempt from tax. If the sale of the property or item shipped is subject to tax, the charge for the container or packaging materials is subject to tax. This paragraph is applicable to the taxation of containers and packaging materials regardless of whether the charge for the containers or packaging materials is separately stated or not separately stated.
Tax 11.15(6)(b)
(b) Any credit given by a seller or lessor to a customer for the container or packaging materials used in connection with the shipment of property or items which the customer returns to the seller or lessor shall reduce the seller's or lessor's sales price subject to tax in the reporting period during which the materials are returned, if the seller or lessor included the selling price of the container or packaging materials in the sales price subject to tax, and the seller or lessor returns the tax to the customer.
Tax 11.15(7)
(7)
Gift wrapping. The amount charged for gift wrapping packages is taxable.
Tax 11.15 Note
Note: The interpretations in s.
Tax 11.15 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) The exemption for meat packaging and shipping materials became effective on May 20, 1978, pursuant to
Chapter 368, Laws of 1977; (b) Laundries and dry cleaners became the consumers of bags, boxes, hangers, and other containers transferred to customers effective September 1, 1983, pursuant to
1983 Wis. Act 27; and (c) 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 11.15 Note
Note: In
Dernehl-Taylor Co. v. Department of Revenue (Wisconsin Tax Appeals Commission, May 26, 1978), it was held that the gross receipts for doggie bags qualify for the exemption under s.
77.54 (6) (b), 2011 Stats., because they are used to transfer merchandise to customers.
Tax 11.15 History
History: Cr.
Register, November, 1978, No. 275, eff. 12-1-78; am. (5) (a) and (8), r. (5) (b),
Register, June, 1983, No. 330, eff. 7-1-83; cr. (2) (k),
Register, December, 1983, No. 336, eff. 1-1-84; renum. (2) (j) to be (1) (c) 12., and am.,
Register, September, 1984, No. 345, eff. 10-1-84; am. (1) (a), (b), (c) 8., 11. and 12., (2) (g), (4) (a) and (b) and (5) (a), cr. (2) (L),
Register, March, 1991, No. 423, eff. 4-1-91; renum. (2) (k) and (L) to be (2) (j) and (k), am. (7), cr. (7) (b),
Register, July, 1993, No. 451, eff. 8-1-93; correction in (1) (c) 10. made under s. 13.93 (2m) (b) 5., Stats.,
Register, July, 1993, No. 451; am. (1) (a) and (c) 5., r. (3), renum. (4), (5), (6), (7) and (8) to be (3), (4), (5), (6) and (7) and am. (5),
Register, December, 1997, No. 504, eff. 1-1-98;
EmR0924: emerg. am. (1) (a), (c) (intro.), (2) (title), (intro.), (a), (d) to (f), (3), (5) and (6), r. (2) (g), renum. (2) (h) to (k) and (4) to be (2) (g) to (j) and (4) (a) and am. (2) (g) and (4) (a), cr. (4) (b), eff. 10-1-09;
CR 09-090: am. (1) (a), (c) (intro.), (2) (title), (intro.), (a), (d) to (f), (3), (5) and (6), r. (2) (g), renum. (2) (h) to (k) and (4) to be (2) (g) to (j) and (4) (a) and am. (2) (g) and (4) (a), cr. (4) (b)
Register May 2010 No. 653, eff. 6-1-10; CR. 10-094: am. (1) (title), (a), (b), (c) 1. to 5., 7., 12., (2) (title), (j), (3) (a), (4), (5)
Register November 2010 No. 659, eff. 12-1-10;
CR 12-014: am. (3) (a)
Register August 2012 No. 680, eff. 9-1-12; corrections in (1) (title), (2) (title) made under s. 13.92 (4) (b) 7., Stats.,
Register August 2014 No. 704.
Tax 11.16
Tax 11.16
Common or contract carriers. Tax 11.16(1)(a)(a) Exemption. Section
77.54 (5) (b), Stats., provides a sales and use tax exemption for motor trucks, truck tractors, road tractors, buses, trailers, and semitrailers, and accessories, attachments, parts, supplies, and materials therefor, sold to common or contract carriers who use such motor trucks, truck tractors, road tractors, buses, trailers, and semitrailers exclusively as common or contract carriers, including the urban mass transportation of passengers as defined in s.
71.38, Stats.
Tax 11.16(1)(am)3.
3. “Exclusively" means that the motor trucks, truck tractors, road tractors, buses, trailers, and semitrailers are used solely as common or contract carriers to the exclusion of all other uses, except that the sales and use tax exemption for this tangible personal property will not be invalidated by an infrequent and sporadic use other than as a common or contract carrier.
Tax 11.16 Note
Note: Under department of transportation rules, a licensed carrier (LC) number is required if a common or contract carrier hauls goods of others for hire. The sales and use tax exemption in par. (a) applies only if the common or contract carrier used the vehicle exclusively for hauling goods of others for hire.
Tax 11.16(1)(b)
(b) Accessories and attachments. Accessories, attachments, parts, and supplies for exempt vehicles are exempt from the sales and use tax under s.
77.54 (5) (b), Stats. This exemption includes the following items if they are assigned to and carried on vehicles used exclusively as common or contract carriers: dollies, pianoboards, ladders, walkboards, tire chains, fire extinguishers, flares, bug deflectors, engine block heaters, defroster fans, auxiliary heaters and cooling units and their fuel, radios, flag kits including flags and reflectors, cell phones, tracking devices, global positioning system or “GPS" units, on board recorders, and items designed to be used with a vehicle which protect or secure the vehicle's load including tape, fitted tarpaulins, tarpaulin straps, furniture pads and covers, load holding chains, logistic straps, and shoring beams. This exemption does not include corrugated boxes, containers, and related materials that are transferred to customers in conjunction with the selling, performing, or furnishing of a moving service, as provided in par.
(g).
Tax 11.16 Note
Note: In a decision dated May 19, 1980 in the case of Leicht Transfer & Storage Co., Inc. vs. Wisconsin Department of Revenue the Dane County Circuit Court reversed the November 23, 1979 decision of the Wisconsin Tax Appeals Commission and held that van equipment and supplies that are exempt under s.
77.54 (5) (b), Stats., include furniture pads, covers, packing supplies, tape, pianoboards, ladders, walkboards, straps, lining paper and corrugated boxes. The Court also stated that “It must be kept in mind that it is undisputed that all of the items are assigned to and carried on the vans.” The Court of Appeals District IV, affirmed the Circuit Court's decision. Under this interpretation, the only corrugated boxes and packing materials that qualify for exemption under s.
77.54 (5) (b), Stats., are those that are assigned to and carried on an exempt van and that are not transferred to a customer.
Tax 11.16(1)(c)
(c) Repairs. The sale or furnishing of repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, and maintenance to exempt vehicles shall be exempt.
Tax 11.16(1)(d)
(d) Exceptions. The exemption shall not apply to the following property used by common or contract carriers:
Tax 11.16(1)(d)2.
2. Self-propelled vehicles for off-highway use, such as road machinery, fork lifts, and other industrial trucks.
Tax 11.16(1)(e)
(e) Equipment and supplies. Equipment acquired by a carrier for the repair, service, or maintenance of its exempt vehicles is not exempt, including repair tools, welding torches, battery chargers, and grinding discs.
Tax 11.16(1)(f)
(f) Conversion to private use. If a vehicle purchased without tax is converted to private use, a use tax or sales tax pursuant to s.
Tax 11.14 (2) (c) is due. The tax is measured by the sales price of the vehicle to the purchaser.
Tax 11.16(1)(g)
(g) Packaging materials. The transfer to a customer of corrugated boxes, containers, and related packing materials in conjunction with moving or transporting a customer's goods is incidental to the selling, performing, or furnishing of the moving or transportation service. The service provider is the consumer of the property and shall pay tax on its purchase of the property to be transferred.
Tax 11.16(1)(h)
(h)
Occasional sales. Motor carriers are not required to register as retailers with the department if the sales price from their sales of tangible personal property, items, property, and goods under s.
77.52 (1) (b),
(c), and
(d), Stats., and taxable services are less than $2,000 within a calendar year. Persons who are exempt from registration under this standard shall pay sales or use tax on all purchases of tangible personal property, items, property, and goods under s.
77.52 (1) (b),
(c), and
(d), Stats., and taxable services not otherwise exempt, including items that may be resold to customers. Persons who exceed the standard shall register with the department and obtain a seller's permit. Persons who register may purchase tangible personal property, items, property, and goods under s.
77.52 (1) (b),
(c), and
(d), Stats., and taxable services for resale without paying tax by issuing to their supplier a properly completed exemption certificate claiming resale or they may pay the tax to their supplier and, if the property is resold, claim a credit for the tax paid against any sales tax due.
Tax 11.16 Note
Note: Refer to s.
Tax 11.002 for description of permit requirements, how to apply for a permit, and the 15-day time period within which the department is required to act on permit applications.
Tax 11.16 Note
Examples: 1) A truck purchased to transport pads and packing materials to and from moving jobs qualifies for the exemption in par. (a).
