Tax 11.26(3)
(3)
Taxes, fees, and charges excluded from sales price or purchase price. Section
77.51 (12m) (b) 3. and
(15b) (b) 3., Stats., exclude from the sales price and purchase price any taxes legally imposed directly on the purchaser that are separately stated on the invoice, bill of sale, or similar document that the seller gives to the purchaser. Section
77.51 (12m) (b) 3m. and
(15b) (b) 3m., Stats., exclude from the sales price and purchase price taxes imposed on the seller that are separately stated on the invoice, bill of sale, or similar document that the seller gives to the purchaser if the law imposing or authorizing the tax provides that the seller may, but is not required to, pass on to and collect the tax from the user or consumer. Therefore, the following taxes, fees, and charges are excluded from the sales price or the purchase price if they are separately stated on the invoice, bill of sale, or similar document given to the purchaser:
Tax 11.26(3)(a)
(a) The federal communications tax imposed upon telegraph service and telephone service.
Tax 11.26(3)(ac)
(ac) The room taxes imposed under s.
66.0615, Stats., which municipalities or local exposition districts impose on persons furnishing lodging to transients.
Tax 11.26(3)(aL)
(aL) The local exposition district food and beverage and rental car taxes imposed under ss.
77.98 and
77.99, Stats.
Tax 11.26(3)(ax)
(ax) The federal luxury tax imposed under ss. 4001 to 4007 of the Internal Revenue Code.
Tax 11.26(3)(c)
(c) Federal and Wisconsin motor vehicle excise taxes refunded.
Tax 11.26(3)(j)
(j) The federal excise tax imposed on the first retail sale of heavy trucks and trailers under section
4051 of the Internal Revenue Code.
Tax 11.26 Note
Note: The interpretations in s. Tax 11.26 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) The exclusion for federal and Wisconsin motor vehicle excise taxes refunded became effective December 1, 1997, pursuant to
1997 Wis. Act 27; (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 regional transit authority taxes were authorized by
2009 Wis. Act 28 and repealed by
2011 Wis. Act 32; (d) The definitions of “purchase price" and “sales price" were amended to provide when taxes are not included in the “purchase price" or “sales price," pursuant to
2013 Wis. Act 20; and (e) The definitions of “purchase price" and “sales price" were amended retroactively to September 1, 2014, to exclude the federal excise tax on heavy trucks and trailers, pursuant to
2015 Wis. Act 361.
Tax 11.26 History
History: Cr.
Register, September, 1977, No. 261, eff. 10-1-77; am. (2) (d) and (e) and cr. (2) (f),
Register, January, 1983, No. 325, eff. 2-1-83; cr. (2) (g),
Register, December, 1983, No. 336, eff. 1-1-84; am. (3) (b),
Register, April, 1990, No. 412, eff. 5-1-90; am. (1) (a) and (b), (2) (intro.), (b), (c), (d) and (e) and (3) (a),
Register, June, 1991, No. 426, eff. 7-1-91; am. (2) (intro.), (c), (3) (intro.) and (b),
Register, December, 1992, No. 444, eff. 1-1-93; am. (2) (c) and (d), cr. (2) (h) and (3) (c),
Register, August, 1999, No. 524, eff. 9-1-99;
EmR0924: emerg. am. (title), (1) (a), (2) (title), (intro.), (c), (3) (title) and (b), r. and recr. (1) (b) and (3) (intro.), eff. 10-1-09;
CR 09-090: am. (title), (1) (a), (2) (title), (intro.), (c), (3) (title) and (b), r. and recr. (1) (b) and (3) (intro.)
Register May 2010 No. 653, eff. 6-1-10;
CR 10-094: am. (1) (a), (2) (c), (d), (3) (b)
Register November 2010 No. 659, eff. 12-1-10;
CR 12-014: am. (3) (Example 1), (Example 3)
Register August 2012 No. 680, eff. 9-1-12;
CR 14-006: am. (title), (1) (a), (b), (2) (title), (intro.), (c), (h), cr. (2) (i) to (s), am. (3) (title), (intro.), cr. (3) (ac) to (ax), r. (3) (b) and (Example 1) to (Example 7), cr. (3) (d) to (h)
Register August 2014 No. 704, eff. 9-1-14;
CR 19-112: r. (2) (i), am. (2) (q), cr. (3) (i), (j)
Register June 2020 No. 774, eff. 7-1-20.;
CR 20-018: r. (3) (g)
Register July 2021, No. 787, eff. 8-1-21.
Tax 11.27
Tax 11.27
Maintenance contracts, insurance, and warranties. Tax 11.27(1)(a)
(a) “Computer software maintenance contract" means a contract that obligates a vendor of computer software to provide a customer with future updates or upgrades to computer software, computer software support services, or both.
Tax 11.27(1)(b)
(b) “Insurance" means a contract or agreement which promises indemnity against loss or damage resulting from perils outside of and unrelated to defects in tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats.
Tax 11.27(1)(c)
(c) “Warranty" means a contract or agreement which promises indemnity against defects in tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., sold.
Tax 11.27(2)
(2)
Receipts from insurance. The sales price from the sale of insurance, except contracts under s.
77.52 (2) (a) 13m., Stats., are not subject to Wisconsin sales or use tax when separately stated on the invoice provided to the purchaser.
Tax 11.27 Note
Examples: 1) Company A rents a vehicle to Customer A for $200 which includes insurance. The entire charge of $200 is subject to Wisconsin sales or use tax because the charge for insurance is not separately stated.
Tax 11.27 Note
2) Company A rents a vehicle to Customer B for $200. On the invoice, Company A shows a charge for vehicle rental of $175 and a charge for insurance of $25. The charge of $175 is subject to Wisconsin sales or use tax. The $25 charge for the insurance is not subject to tax since it is separately stated on the invoice provided to the purchaser.
Tax 11.27(3)
(3)
Receipts from maintenance contracts and warranties. Section
77.52 (2) (a) 13m., Stats., imposes Wisconsin sales tax on the sale of contracts, including service contracts, maintenance agreements, computer software maintenance contracts for prewritten computer software, and warranties, that provide, in whole or in part, for the future performance of or payment for the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance of tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., unless the sale, license, lease, or rental in this state of the property, items, or goods to which the contract relates is or was exempt, to the purchaser of the contract, from taxation under subch.
III of ch. 77, Stats.
Tax 11.27 Note
Examples: 1) Company A sells a machine to Customer C which will be used exclusively and directly in manufacturing. Customer C purchases an extended warranty with the machine. Customer C provides Company A with a properly completed exemption certificate. The sale of the extended warranty is not subject to Wisconsin sales or use tax because the machine to which it relates is exempt from Wisconsin sales or use tax.
Tax 11.27 Note
2) Customer D, a resident of Minnesota, purchases an automobile from a dealership in Wisconsin. Customer D makes no use of the automobile in Wisconsin other than to drive it to his home in Minnesota. Customer D purchases an extended warranty with the automobile. The sale of the extended warranty is not subject to Wisconsin sales or use tax because the sale of the automobile is exempt from Wisconsin sales or use tax.
Tax 11.27 Note
3) Assume the same facts as in Example 2, except that Customer D does not purchase the extended warranty at the time of sale of the automobile. Instead, six weeks after the sale, Customer D purchases the extended warranty from the dealer. The sale of the extended warranty is not subject to Wisconsin sales or use tax because the automobile to which the sale relates was exempt from Wisconsin sales or use tax.
Tax 11.27 Note
4) Customer E, a resident of Wisconsin, purchases an appliance from a store in Wisconsin. Customer E purchases an extended warranty with the appliance. The sale of the extended warranty is subject to Wisconsin sales tax because the sale of the appliance is subject to Wisconsin sales tax.
Tax 11.27 Note
5) Assume the same facts as in Example 4, except that Customer E does not purchase the extended warranty at the time of sale of the appliance. Instead, 2 months after the sale, Customer E purchases the extended warranty from the store. The sale of the extended warranty is subject to Wisconsin sales tax because the appliance to which the sale relates was subject to Wisconsin sales tax.
Tax 11.27(4)
(4)
Repairs by retailers under insurance plans. Tax 11.27(4)(a)
(a) The sales price from charges by a retailer to a customer or an insurer for taxable repair parts or taxable services performed under an insurance plan are subject to Wisconsin sales or use tax.
Tax 11.27 Note
Examples: 1) Company A sold an appliance to Customer E. Company A also sold an insurance plan for the appliance to Customer E. The appliance is later repaired by Company A under the insurance plan. Company A bills the insurance company for the repair. The charge to the insurance company is subject to Wisconsin sales or use tax.
Tax 11.27 Note
2) Company A sold an appliance to Customer F. Company A also sold an insurance plan for the appliance to Customer F. The appliance is later repaired by Company A under the insurance plan. Company A bills the customer for the repair. Customer F submits the bill to the insurance company and receives reimbursement from the insurance company. The charge to Customer F for the repair is subject to Wisconsin sales tax.
Tax 11.27(4)(b)1.1. A retailer who provides parts or performs taxable repair services to tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., under an insurance plan may purchase the tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., transferred to the customer as part of the repair without Wisconsin sales or use tax as property for resale.
Tax 11.27(4)(b)2.
2. A person who provides tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., in repairing real property under an insurance plan is the consumer of the tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., transferred to a customer as part of the repair to real property and is subject to Wisconsin sales or use tax on the purchase of the tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., transferred.
Tax 11.27 Note
Note: Refer to s.
Tax 11.68 for information about distinguishing between real and tangible personal property.
Tax 11.27(5)
(5)
Repairs by retailers under maintenance contracts and warranties. Tax 11.27(5)(a)
(a) The sales price from charges by a retailer to a customer for taxable repair parts or taxable services performed under a maintenance contract or warranty and that are not reimbursed by the seller of the maintenance contract or warranty are subject to Wisconsin sales or use tax.
Tax 11.27 Note
Example: Customer A purchased an automobile from a dealership in Wisconsin. Customer A purchased an extended warranty from the dealership which was subject to Wisconsin sales or use tax. Customer A brings the automobile to the dealership for repair under the warranty. Under the terms of the warranty, Customer A must pay a deductible of $100. The $100 charge to Customer A is subject to Wisconsin sales or use tax.
Tax 11.27(5)(b)
(b) Reimbursement to a retailer from a manufacturer or other person, whether in the form of money or replacement of parts used to perform repair services under a warranty is not subject to Wisconsin sales or use tax.
Tax 11.27 Note
Example: Customer B purchased a television with an extended warranty from an appliance store. Customer B has the television repaired under the warranty. The appliance store is reimbursed $200 by the warranty company for the repair of the television. The $200 reimbursement is not subject to Wisconsin sales or use tax.
Tax 11.27(5)(c)1.1. A retailer who provides parts or performs taxable repair services to tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., under a maintenance contract or warranty may purchase the tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., transferred to the customer as part of the repair without Wisconsin sales or use tax as property, items, or goods for resale.
Tax 11.27(5)(c)2.
2. A person who provides tangible personal property or items or property, under s.
77.52 (1) (b) or
(c), Stats., in repairing real property under a maintenance contract or warranty is the consumer of the tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats., transferred to a customer as part of the repair to real property and is subject to Wisconsin sales or use tax on the purchase of the tangible personal property or items or property, under s.
77.52 (1) (b) or
(c), Stats., transferred.
Tax 11.27 Note
Note: Refer to s.
Tax 11.68 for information about distinguishing between real and tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats.
Tax 11.27(6)
(6)
Repairs not by retailers. If a retailer does not repair tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., under a maintenance contract, warranty, or insurance plan, but instead has another person perform the repairs covered under the maintenance contract, warranty, or insurance plan, the person's sales price from the sale of the repair to the retailer is not subject to Wisconsin sales or use tax provided the retailer gives the person a properly completed exemption certificate. The charge for repairs by the other person is exempt as a sale for resale whether or not the original sale of the property, item, or good to which the maintenance contract, warranty, or insurance plan relates occurred in Wisconsin. The sales and use tax treatment of the charge by the retailer to the customer or plan provider is the same as provided in subs.
(4) and
(5).
Tax 11.27 Note
Note: Refer to s.
Tax 11.14 for information regarding exemption certificates.
Tax 11.27(7)
(7)
Goodwill work. A retailer who provides free parts or services or both to a customer under an implied warranty in order to maintain good customer relations, although not required to do so under a sales agreement, maintenance agreement, express warranty, or insurance plan may purchase the parts without Wisconsin sales or use tax for resale.
Tax 11.27 Note
Example: Customer Z, a resident of Wisconsin, purchased an automobile and extended warranty from a Wisconsin dealership. The dealership charged Wisconsin sales tax on the sale of the automobile and warranty. Customer Z brought the vehicle to the dealership for repairs that were covered under the warranty. While performing the repairs, a part is damaged. The dealership, who is not required by the terms of the warranty to provide the part, provides the part free of charge to Customer Z. The dealership may purchase the part provided free to Customer Z without Wisconsin sales or use tax as property for resale.
Tax 11.27 Note
Note: The interpretations in s.
Tax 11.27 are effective under the general sales and use tax law on and after September 1, 1969, except that (a) the definitions in sub. (1) and the provisions in subs. (4) (b) 2. and (5) (c) 2. became effective on February 1, 1994; (b) The definition of computer software maintenance contract became effective October 1, 2009 pursuant to
2009 Wis. Act 2; (c) The specific imposition of tax on maintenance contracts and extended warranties became effective October 1, 2009 pursuant to
2009 Wis. Act 2; and (d) 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 11.27 History
History: Cr.
Register, November, 1977, No. 263, eff. 12-1-77; am. (1), (2) (a) and (b),
Register, September, 1984, No. 345, eff. 10-1-84; am. (2) (c),
Register, July, 1987, No. 379, eff. 8-1-87; r. and recr.
Register, January, 1994, No. 457, eff. 2-1-94;
EmR0924: emerg. am. (title), (2), (4), (5) (title), (a), (c), (6) and (7), renum. (1) (a) and (b) to be (1) (b) and (c) and am., cr. (1) (a), r. and recr. (3), eff. 10-1-09;
CR 09-090: am. (title), (2), (4), (5) (title), (a), (c), (6) and (7), renum. (1) (a) and (b) to be (1) (b) and (c) and am., cr. (1) (a), r. and recr. (3)
Register May 2010 No. 653, eff. 6-1-10.
Tax 11.28
Tax 11.28
Gifts and other advertising specialties. Tax 11.28(1)(a)(a) Section
77.51 (15a) (b) 2., Stats., provides that “sales, lease, or rental for resale, sublease, or subrent" does not include any sale of tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., to a purchaser even though the property, items, or goods may be used or consumed by another person to whom the purchaser transfers the property, items, or goods without valuable consideration, such as gifts and other advertising specialties distributed at no charge and apart from the sale of other tangible personal property, items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., or services.
Tax 11.28(1)(b)
(b) Section
77.51 (15b) (a), Stats., provides that “sales price" means the total amount of consideration, including cash, credit, property, and services, for which tangible personal property, or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., or services are sold, licensed, leased or rented, valued in money, whether received in money or otherwise.
Tax 11.28(2)(a)
(a) General. Persons who make gifts of taxable tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., or distribute tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., at no charge to others are the consumers of the property, items, or goods and the tax shall apply to the sales price from the sale of the property, items, or goods to persons making gifts. Taxable sales include sales of samples, advertising material, display cases, racks, and other similar marketing aids to manufacturers, distributors, jobbers, and wholesalers acquiring the property, items, or goods for the purpose of giving it to retailers for use in selling merchandise to customers.
Tax 11.28 Note
Examples: 1) A paint manufacturer is the consumer of color cards which it provides to retailers without charge to facilitate the sale of the manufacturer's paint.
Tax 11.28 Note
2) A tavern operator is liable for the tax measured by the tavern operator's purchase price of liquor given to customers.
Tax 11.28(2)(b)
(b) Grand opening gifts. A person who sells tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., to a retailer who uses the property, items, or goods as gifts at a grand opening or similar event, such as an open house, celebrity appearance, or farm days, should charge the retailer the applicable Wisconsin sales or use tax, unless the retailer provides the seller with a fully completed exemption certificate at the time of the sale. In cases where a seller furnishes free property to a retailer for use as gifts at a grand opening or similar event, the seller furnishing the property to the retailer without charge is subject to the sales or use tax on the property donated, unless the property is exempt from use tax under s.
77.56 (3), Stats., because it is donated to an entity exempt from sales or use tax under s.
77.54 (9a), Stats.
Tax 11.28(2)(c)1.1. The sales price from the sale of a gift certificate is not taxable because the certificate represents an intangible right. When a gift certificate is redeemed for taxable tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., or taxable services, the transaction is completed and the retailer's tax liability accrues at that time.
Tax 11.28 Note
Example: Retailer A sells Customer B a gift certificate that is valued at $50. The gift certificate can be used to purchase any items that Retailer A sells. The sale of the gift certificate is not subject to Wisconsin sales tax.
Tax 11.28(2)(c)2.
2. The sale of a certificate that entitles the holder of the certificate to redeem the certificate for a specific product follows the tax treatment of the product for which the certificate can be redeemed.
Tax 11.28 Note
Examples: 1) Retailer A sells Customer B a certificate that can be redeemed for a free radio. The sale of the certificate is subject to Wisconsin sales tax since a radio is subject to tax under s.
77.52 (1) (a), Stats.
Tax 11.28 Note
2) Retailer X sells Customer Y a certificate that can be redeemed for 10 pounds of fresh fruit for human consumption. The sale of the certificate is not subject to Wisconsin sales tax since the sale of fresh fruit for human consumption is not subject to tax.
Tax 11.28(2)(d)
(d) Gifts shipped out-of-state. When taxable property, items, or goods to be given as a gift are purchased at retail and the purchaser, without obtaining possession of the gift, directs the seller to ship it to a location outside Wisconsin, the sales price is not subject to Wisconsin sales tax.
Tax 11.28(2)(e)
(e) Awards. Persons transferring tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., to salespersons or distributors or both in redemption of awards, such as points, given under a sales incentive plan shall pay the tax on their purchases of the property, items, or goods.
Tax 11.28(2)(f)
(f) Gifts originally purchased for resale. When a person purchases property for resale or for another exempt purpose or under a valid exemption certificate but uses the property for a purpose other than for resale or another exempt purpose and does not donate the property to an entity described in s.
77.54 (9a), Stats., the purchaser shall be liable for tax on its purchase price of the property.
Tax 11.28 Note
Note: The amount subject to tax is the purchase price as described in s.
Tax 11.32.
Tax 11.28(3)(a)(a) Coupons for free property, items, or goods issued and redeemable by a manufacturer or other third party. When a manufacturer's or other third party's coupons are distributed to consumers and subsequently are redeemed by a retailer for tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., without charge, the transfer of the property, items, or goods by the retailer to the coupon holder is a sale, not a gift. The consideration for the sale upon which the measure of tax is based, if taxable tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., is transferred, is the amount the manufacturer or other third party reimburses the retailer for the coupon, less any coupon handling fees, if the following conditions are met:
Tax 11.28(3)(a)1.
1. The retailer receives consideration from a third party other than the purchaser and the consideration is directly related to a price reduction or discount on the sale.
Tax 11.28(3)(a)2.
2. The retailer is obligated to pass the price reduction or discount on to the purchaser.
Tax 11.28(3)(a)3.
3. The amount of the consideration attributable to the sale is a fixed amount and the retailer is able to determine the amount at the time of the sale.
Tax 11.28(3)(a)4.a.
a. The purchaser presents a coupon, certificate, or other documentation to the retailer to claim the price reduction or discount, if the coupon, certificate, or other documentation is authorized, distributed, or granted by a third party with the understanding that the third party will reimburse the retailer for the amount of the price reduction or discount.
Tax 11.28(3)(a)4.b.
b. The purchaser identifies himself or herself to the retailer as a member of a group or organization that may claim the price reduction or discount.
Tax 11.28(3)(a)4.c.
c. The retailer provides an invoice to the purchaser, or the purchaser presents a coupon, certificate, or other documentation to the retailer that identifies the price reduction or discount as a third party price reduction or discount.
Tax 11.28(3)(b)
(b) Cents-off coupons reimbursed by manufacturers and other third parties. A common arrangement between manufacturers or other third parties and retailers involves the use of cents-off coupons. The coupons are issued by manufacturers or other third parties and used by consumers toward the purchase of tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats. The retailer then is reimbursed by the manufacturer or other third party. In this situation, the retailer's taxable sales price includes the amount the retailer receives from the customer. The retailer's taxable sales price also includes the amount the retailer receives from the manufacturer, less any coupon handling fees paid by the manufacturer to the retailer, if the conditions in par.
(a) 1. to
4. are met.
Tax 11.28(3)(c)1.1. When a retailer distributes coupons which its customer may use to obtain free tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., or taxable services, the following shall apply:
Tax 11.28(3)(c)1.a.
a. When purchasing taxable products, including services, which will be given away to customers who make a required purchase consisting of only nontaxable products, a retailer may not purchase the free products without tax for resale. The retailer is deemed the consumer of the free products as provided in s.
77.52 (21) (a), Stats. If the free products were acquired without tax for resale, the retailer shall report the tax on its purchase price of those products.
