Tax 11.29(6)
(6)
Credit for sales tax paid. If a lessor of tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., paid a Wisconsin sales tax on the acquisition of the property, item, or good used solely for leasing purposes, the lessor may either request a refund of the sales tax from the seller or the department or may claim a credit against the tax due on rental receipts from the property, item, or good involved, under s.
77.585 (2), Stats. If a credit is claimed, it shall expire when the cumulative rental receipts equal the sales price upon which the vendor paid sales tax to Wisconsin.
Tax 11.29(7)
(7)
Sourcing lease, license and rental payments. Tax 11.29(7)(a)
(a)
First or only payment. Except as provided in pars.
(c) and
(e), for lease, license, and rental agreements that only require one payment and for the first payment on lease, license, and rental agreements that require more than one payment, the lease, license, or rental is sourced to the location where the purchaser receives the product, as follows:
Tax 11.29(7)(a)1.
1. If the tangible personal property or item, property, or good under s.
77.52 (1) (b),
(c), or
(d), Stats., is received by the lessee or licensee at the lessor's or licensor's business location, the first or only payment is sourced to the lessor's or licensor's business location.
Tax 11.29(7)(a)2.
2. If the tangible personal property or item, property, or good under s.
77.52 (1) (b),
(c), or
(d), Stats., is not received by the lessee or licensee at the lessor's or licensor's business location, the first or only payment is sourced to the location where the lessee or licensee or the lessee's or licensee's designated donee receives the product. This would include the location indicated by instructions known to the lessor or licensor for delivery to the lessee or licensee or the lessee's or licensee's designated donee. The delivery may be made by the lessor or licensor or by a shipping company hired by the lessee or licensee.
Tax 11.29(7)(a)3.
3. If the location cannot be determined under subds.
1. and
2., the first or only payment is sourced to the lessee's or licensee's address as indicated by the lessor's or licensor's business records, if the records are maintained in the ordinary course of the lessor's or licensor's business and if using that address to establish the location of the lease, license, or rental is not in bad faith.
Tax 11.29(7)(a)4.
4. If the location cannot be determined under subd.
1.,
2., or
3., the first or only payment is sourced to the lessee's or licensee's address as obtained during the consummation of the lease, license, or rental, including the address indicated on the lessee's or licensee's payment instrument, if no other address is available and if using that address to determine the location of the lease, license, or rental is not in bad faith.
Tax 11.29(7)(a)5.
5. If the location cannot be determined under subd.
1.,
2.,
3. or
4., the first or only payment is sourced as follows:
Tax 11.29(7)(a)5.a.
a. For tangible personal property and items and property under s.
77.52 (1) (b) or
(c), Stats., except for prewritten computer software, the first or only payment is sourced to the location from which the property or item was shipped.
Tax 11.29(7)(a)5.b.
b. For prewritten computer software delivered electronically and digital goods under s.
77.52 (1) (d), Stats., the first or only payment is sourced to the location from which the computer software or digital good was first available for transmission by the seller, but not including any location that merely provided the digital transfer of the product sold.
Tax 11.29(7)(b)
(b) Subsequent periodic payments. Except as provided in pars.
(d) and
(e), subsequent periodic payments on the lease, license, or rental of tangible personal property and items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., are sourced to the property's, item's, or good's primary location. The primary location is the address of the property, item, or good provided by the lessee or licensee and that is available in the business records of the lessor or licensor that are maintained in the ordinary course of the lessor's or licensor's business, provided the use of such address does not constitute bad faith.
Tax 11.29(7)(c)
(c) Motor vehicles, trailers, semitrailers, and aircraft that are not transportation equipment. Leases, licenses, and rentals of motor vehicles, trailers, semitrailers, and aircraft that are not transportation equipment are sourced to the primary location of such property as indicated by an address for the property that is provided by the lessee or licensee and that is available in the business records of the lessor or licensor that are maintained in the ordinary course of the lessor's or licensor's business, provided the use of such address does not constitute bad faith, and except that a lease, license, or rental that only requires one payment, shall be sourced as provided in par.
(a).
Tax 11.29(7)(d)
(d) Intermittent use. The sourcing of the lease, license, and rental payments as described in pars.
(a),
(b), and
(c) shall not be altered by any intermittent use of the property, item, or good at different locations.
Tax 11.29 Note
Example: Company A leases laptop computers that are normally kept in State A and the lease payments are sourced to State A. However, when an employee is travelling and consulting with clients in other states, the employee brings the laptop computer to these other states. The intermittent use of the laptop computer in the other states does not affect the sourcing of these lease payments.
Tax 11.29(7)(e)
(e) Transportation equipment. Leases, licenses, and rentals of transportation equipment are sourced to the location determined in par.
(a).
Tax 11.29(8)(a)
(a)
Demurrage. The charge a gas supplier makes to a customer-consumer, because a gas cylinder is retained beyond a 30-day or other period, shall be taxable. The “demurrage" charges shall constitute rentals paid for the continuing possession of the cylinders.
Tax 11.29(8)(b)
(b) Water softeners. The sales price from the rental of a cylinder type water softener which is periodically removed from a customer's premises for recharging and replaced by another unit shall be taxable.
Tax 11.29(8)(c)
(c) Chemical toilets. A lessor's entire charge for the use of chemical toilets used at fairs and other similar events shall be taxable, including cleaning services provided as part of the total charge.
Tax 11.29(8)(d)
(d) Mobile homes and manufactured homes. Rental of a mobile home as defined in s.
101.91 (10), Stats., and manufactured homes as defined in s.
101.91 (2), Stats., shall be taxable unless:
Tax 11.29(8)(d)1.
1. The mobile home or manufactured home is converted to real property by hooking it up to utilities and placing it on a foundation on land owned by the lessor. However, even if it is placed on a foundation and hooked up to utilities, a mobile home or manufactured home shall remain tangible personal property if the lessor does not own the realty on which it is located.
Tax 11.29(8)(d)2.
2. The mobile home as defined in s.
101.91 (10), Stats., or manufactured home as defined in s.
101.91 (2), Stats., is rented or leased for a continuous period of one month or more and is used as a residence by the renter or lessee.
Tax 11.29(8)(e)
(e) Lease cancellation charge. A payment by a lessee to a lessor for the cancellation of a lease of tangible personal property or item, property, or good under s.
77.52 (1) (b),
(c), or
(d), Stats., shall be taxable. The payment shall be deemed consideration arising from the original lease since it effectively decreases the term of the lease and thereby increases the rental payments for the actual period the property, item, or good was used.
Tax 11.29(8)(f)
(f) Delivery and erection. Lessors of scaffolding or other tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., who set forth separate charges for transportation, assembly, and disassembly shall pay tax on their total sales price. A lessee rents property, items, or goods when it is assembled and in place and the charges for transportation, assembly, and disassembly shall be deemed part of a lessor's rental receipts.
Tax 11.29(8)(g)
(g) Funeral coaches. The sales price that the owner of a hearse receives when the owner furnishes it without a driver, to a funeral director is subject to tax. However, the sales price the owner of a hearse receives when the owner furnishes it with a driver that does more than maintain, inspect, or set up the hearse is not subject to tax.
Tax 11.29(8)(h)
(h) Waste reduction and recycling equipment. The lease or rental of waste reduction or recycling machinery and equipment shall not be taxable if used exclusively and directly for waste reduction or recycling activities described in s.
77.54 (26m), Stats.
Tax 11.29 Note
Note: For information regarding the lease or rental of highway vehicles and mobile mixing units, see s.
Tax 11.79.
Tax 11.29 Note
Note: Section
Tax 11.29 interprets ss.
77.51 (7),
(13) (k),
(14) (j),
(15a),
(15b),
77.52 (1),
77.522 (1) and
(3),
77.54 (5) (b) and
(d),
(8),
(26m) and
(36),
77.58 (6), and
77.585 (2), Stats.
Tax 11.29 Note
Note: The interpretations in s.
Tax 11.29 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) The exemption for mobile homes used for lodging for a continuous period of 1 month or more became effective July 1, 1984, pursuant to
1983 Wis. Act 341; (b) The exemption for the lease or rental of incidental property transferred in providing a nontaxable service became effective as a result of
Dept. of Revenue vs. Dow Jones & Company, Inc., (COA-District IV, 1/26/89); (c) The exemption for waste reduction and recycling equipment became effective July 1, 1984, pursuant to
1983 Wis. Act 426; (d) The definitions of “lease," “receive," and “transportation equipment" became effective October 1, 2009 pursuant to
2009 Wis. Act 2; (e) The sourcing rules related to leases became effective October 1, 2009 pursuant to
2009 Wis. Act 2; and (f) 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 11.29 History
History: Cr.
Register, July, 1977, No. 259, eff. 8-1-77; cr. (4) (d), (6) (d) 2. and (h), am. (1), (3), (4) (b), (5) and (6) (a), (d) and (g),
Register, June, 1991, No. 426, eff. 7-1-91; correction in (6) (d) 2. made under s. 13.93 (2m) (b) 7., Stats.,
Register July 2002 No. 559;
EmR0924: emerg. r. and recr. eff. 10-1-09;
CR 09-090: r. and recr.
Register May 2010 No. 653, eff. 6-1-10; correction to numbering of (8) made under s. 13.92 (4) (b) 1., Stats.,
Register May 2010 No. 653.
Tax 11.30
Tax 11.30
Credit sales, bad debts and repossessions. Tax 11.30(1)(a)(a) Sales. If taxable personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., are sold on credit, the entire amount of the retailer's sales price from the sale shall be taxable and shall be reported on the tax return for the period in which the sale is made, without any reduction in the amount of tax payable by the retailer by reason of the retailer's transfer at a discount of any open account, note, conditional sales contract, lease contract or other evidence of indebtedness. A sale involving the transfer of ownership of tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., is completed at the time possession is transferred by the seller or the seller's agent to the purchaser or the purchaser's agent. The location to which the sale is sourced is based on s.
77.522, Stats. The tax shall be reported on the accrual basis, except when the department is satisfied that an undue hardship would exist and authorizes reporting on some other basis.
Tax 11.30(1)(b)
(b) Repossessions. No deduction from the sales price shall be made if property, items, or goods sold on credit are repossessed unless the entire consideration paid by the purchaser is refunded to the purchaser or a deduction for worthless accounts is allowable as a bad debt under s.
77.585 (1), Stats.
Tax 11.30(2)(a)(a)
Definition of bad debt. “Bad debt" is defined in s.
77.585 (1) (a), Stats., to mean the portion of the sales price or purchase price that the seller has reported as taxable and for which the seller has paid the tax under subch.
III of ch. 77, Stats., and that the seller may claim as a deduction under section
166 of the Internal Revenue Code. “Bad debt" does not include financing charges or interest, sales or use taxes imposed on the sales price or purchase price, uncollectible amounts on tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., that remain in the seller's possession until the full sales price or purchase price is paid, expenses incurred in attempting to collect any debts, debts sold or assigned to 3rd parties for collection, and repossessed property or items.
Tax 11.30(2)(b)
(b) Deduction from measure of tax. A seller may claim as a deduction on a return under s.
77.58, Stats., the amount of any bad debt the seller writes off as uncollectible in the seller's books and records and that is eligible to be deducted as a bad debt for federal income tax purposes, regardless of whether the seller is required to file a federal income tax return. Only a seller who has previously paid sales or use tax to this state on the accounts may claim the bad debt deduction. However, if a seller uses a certified service provider to file the returns and report the taxes due, the certified service provider may claim the bad debt deduction on the seller's behalf if the seller has not and will not claim the same deduction. In either case, the deduction shall be claimed on the return for the period in which the seller writes off the amount of the deduction as uncollectible and the amount is eligible to be deducted as a bad debt for federal income tax purposes. That period is defined as any time within the seller's fiscal or calendar year in which the account is written off. If the seller is out of business when the account becomes worthless, a bad debt deduction may be claimed on the last return filed by that business, or through a refund claim or amended return filed within the statutory time allowed. Notes, which later become worthless, received on the sale of tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., shall be treated in the same manner as other worthless accounts.
Tax 11.30(2)(c)
(c) Recovery of bad debts charged off. If any accounts found worthless and charged off as bad debts are thereafter in whole or in part collected by the seller, the amount so collected shall be included in the first return filed after such collection and the amount of the tax thereon paid with the return. The amounts recovered are first applied to the price of the property, item, good, or service and the proportionate share of the sales tax on that property, item, good, or service and then to interest, service charges and other charges related to the sale.
Tax 11.30(2)(d)1.1. `Nontaxable receipts.' If an account found worthless and charged off as a bad debt is comprised in part of nontaxable receipts, such as interest, financing, or insurance, and in part of taxable receipts upon which tax has been paid, a bad debt deduction may be claimed only for the unpaid amount upon which tax has been paid. In determining that amount, all payments and credits to the account shall be applied proportionately against the various charges comprising the amount the purchaser contracted to pay.
Tax 11.30(2)(d)2.
2. `Expenses of collection.' No deduction is allowable for expenses incurred by the seller in attempting to collect any account receivable, or for that portion of a debt recovered that is retained by or paid to a third party as compensation for services rendered in collecting the account.
Tax 11.30(2)(e)1.1. A purchaser of receivables is not entitled to a bad debt deduction for the receivables which subsequently become worthless.
Tax 11.30(2)(e)2.
2. A retailer who sells its receivables and agrees to bear any bad debt loss on them is entitled to a bad debt deduction to the same extent as if the accounts were not sold. However, a bad debt deduction is not allowable when receivables are sold outright at a discount.
Tax 11.30(2)(e)3.
3. A contractor engaged in real property construction activities is not entitled to a bad debt deduction, even though the total amount due the contractor under a real property construction contract cannot be collected, as the contractor is the consumer, not the retailer, of the tangible personal property or item or property under s.
77.52 (1) (b) or
(c), Stats., used to fulfill the construction contract.
Tax 11.30(2)(e)4.
4. A retailer permitted to report the sales price on the cash receipts basis may not claim a bad debt deduction.
Tax 11.30(2)(f)
(f) Repossessions. When property, items, or goods on which a receivable exists are repossessed, a bad debt deduction is allowable only to the extent that the seller sustains a net loss of the sales price upon which tax was paid. A net loss occurs when the sum of the pro rata portion of all payments, credits and the wholesale value of the repossessed property, item, or good attributable to the cash sales price of the property, item, or good, is less than the cash sales price upon which sales or use tax was paid.
Tax 11.30 Note
Example: At the time when the tax rate is 5%, a motor home is purchased on January 1 of a year for a cash price of $15,000 and sales tax of $750. A down payment of $2,150 is made at the date of purchase, leaving a balance to finance of $13,600. The motor home is financed with the seller for a period of one year at the rate of 10% of the amount financed. After receiving periodic payments totaling $6,800, the motor home is repossessed. The wholesale value of the property is $6,000 on the date of repossession. The deductible bad debt loss upon repossession of the motor home is computed as follows:
-
See PDF for table 
Tax 11.30 Note
(1) The down payment on line 2 is allocated between the total cash sales price of the motor home and the sales tax thereon on the basis of the percentage of each to their total. The percentages are shown on line 12.
Tax 11.30 Note
(2) The payments on the contract on line 6 and the wholesale value on the date of repossession of the property repossessed on line 8 are allocated on the basis of the contract balances on line 5. The percentages thereof are shown on line 13.
Tax 11.30(3)
(3)
Tax rate change. If a deduction for bad debts is being claimed in a period when the tax rate is different from the tax rate in effect when the sale or sales were reported on tax returns, an adjustment to the deduction shall be made to compensate for the tax rate differential.
Tax 11.30 Note
Example: If tax was reported on a $1,000 sale when the tax rate was 4%, $40 tax was reported. If a bad debt deduction is taken for the sale in a 5% tax rate period, only 80% of the $1,000, or $800, may be taken as a bad debt, resulting in a tax credit of $40. Four percent divided by 5% equals 80%.
Tax 11.30 Note
Note: The interpretations in s.
Tax 11.30 are effective under the general sales and use tax law on and after September 1, 1969, except that (a) the 4% tax rate was increased to 5% on May 1, 1982; (b) The deduction for bad debts was revised effective October 1, 2009 pursuant to
2009 Wis. Act 2; 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 11.30 History
History: Cr.
Register, November, 1977, No. 263, eff. 12-1-77; am. (2) (a) and cr. (3),
Register, September, 1984, No. 345, eff. 10-1-84; am. (2) (c) 1. and (d) 1.,
Register, June, 1991, No. 426, eff. 7-1-91;
EmR0924: emerg. am. (1), r. and recr. (2), eff. 10-1-09;
CR 09-090: am. (1), r. and recr. (2)
Register May 2010 No. 653, eff. 6-1-10;
CR 10-094: am. (2) (a), (d) 1.
Register November 2010 No. 659, eff. 12-1-10.
Tax 11.32
Tax 11.32 “
Sales price" and “purchase price." Tax 11.32(1)(1)
General. The amount to which the sales and use tax rate is applied is the “sales price" for sales tax and the “purchase price" for use tax. Both “sales price" and “purchase price" mean the total amount of the consideration for the sale, license, lease or rental from retail sales of tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., or taxable services, valued in money, whether received in money or otherwise.
Tax 11.32(2)
(2)
Delivery, handling and service charges. A retailer's charges for customer alterations, handling services, small orders, returned merchandise, restocking, split shipments, shipping, postage, crating, packing, fuel surcharges, and similar charges for services related to retail sales, are included in the sales price derived from the sale of taxable tangible personal property, items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., or taxable services. Cancelled order charges are not taxable if there is no transfer of merchandise to a customer. For orders that include property and items that are subject to tax and property and items that are not subject to tax, the amount of the delivery charge that the seller allocates to the property and items subject to tax shall be based either upon the total sales price of property and items that are subject to tax as compared to the total sales price of all of the property and items included in the shipment or on the weight of the property and items subject to tax compared to the total weight of all of the property and items included in the shipment.
Tax 11.32(3)(a)
(a) Cash discounts, term discounts and coupons that are not reimbursed by a third party and which are allowed by a retailer directly to customers reduce the sales price subject to the tax. The customer must receive the discount for the retailer to exclude it from the sales price.
Tax 11.32 Note
Example: A payment made to a nonprofit organization based on a percentage of the purchases made by the group's members is not a cash discount for sales and use tax purposes.
Tax 11.32(3)(b)
(b) A retail cooperative's rebates to members, which are made after the net profit is determined at the end of a year, are patronage dividends rather than cash discounts, and are not deductible from the cooperative's sales price.
Tax 11.32(3)(c)
(c) A manufacturer's cash rebate to a person who purchases tangible personal property, items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., or taxable services from a retailer is not a reduction in the retailer's sales price or purchase price for the item, regardless of whether the rebate is paid in cash or is used to reduce the selling price.
Tax 11.32 Note
Example: An automobile is sold for a sticker price of $18,000. The manufacturer offers a $1,500 rebate with the purchase. Regardless of whether the customer pays the retailer $18,000 and later receives $1,500 from the manufacturer or the customer pays the retailer $16,500 ($18,000 sticker price less $1,500 rebate), the retailer shall report a taxable sales price of $18,000 from the sale.
Tax 11.32(3)(d)
(d) “Sales price" and “purchase price" include consideration paid by third parties if all of the following apply:
Tax 11.32(3)(d)1.
1. The seller actually 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 11.32(3)(d)2.
2. The seller is obligated to pass the price reduction or discount to the purchaser.
Tax 11.32(3)(d)3.
3. The amount of the consideration that is attributable to the sale is a fixed amount and the seller is able to determine that amount at the time of the sale to the purchaser.
Tax 11.32(3)(d)4.a.
a. The purchaser presents a coupon, certificate or other documentation to the seller 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 seller for the amount of the price reduction or discount.
Tax 11.32(3)(d)4.b.
b. The purchaser identifies himself or herself to the seller as a member of a group or organization that may claim the price reduction or discount.
Tax 11.32(3)(d)4.c.
c. The seller provides an invoice to the purchaser, or the purchaser presents a coupon, certificate or other documentation to the seller that identifies the price reduction or discount as a third party price reduction or discount.
Tax 11.32(3m)(a)
(a) The following charges related to the lease, license, or rental of tangible personal property, or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., are also included in the “sales price" or “purchase price":
Tax 11.32(3m)(a)1.
1. Personal property taxes, including any personal property tax administration fee, imposed on the lessor or licensor that are passed on to the lessee or licensee.
Tax 11.32 Note
Example: Company A leases a piece of equipment to Company B. Taxing Authority C imposes property tax of $125 on Company A on the piece of equipment that Company A is leasing to Company B. The lease agreement provides that Company B is required to pay Company A the amount of property taxes imposed on Company A on that piece of equipment. Therefore, the $125 payment that Company B is required to make to Company A for the property taxes imposed on the piece of equipment is part of the sales price subject to tax.
Tax 11.32 Note
Examples: 1) Lessor X leases a motor vehicle to Company Y. As part of the lease agreement, Company Y agrees to pay Lessor X, at the end of the lease term, a fee to prepare the vehicle for sale. This disposition fee is to cover costs incurred by Lessor X for cleaning the motor vehicle, tuning up the vehicle and performing final maintenance on the vehicle before it is sold. The disposition fee is part of the “sales price" of the lease of the motor vehicle.
Tax 11.32 Note
2) Lessor A leases laptop computers to Company B. As part of the lease agreement, Company B agrees to pay Lessor A a fee to remove all data from the hard drive of the laptop computer at the end of the lease term after Company B returns the computer to Lessor A. The fee charged by Lessor A to Company B for removing all of the data from the hard drive is part of the “sales price" of the lease of the laptop computer.
Tax 11.32(3m)(a)4.
4. Service contract charges, warranty charges, and maintenance agreement charges.
Tax 11.32(3m)(b)
(b) The following charges related to the lease, license, or rental of tangible personal property, or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., are not included in the “sales price" or “purchase price" if they are separately stated on the invoice, bill of sale, or similar document provided to the lessee or licensee:
Tax 11.32 Note
Example: Company A leases a piece of equipment to Company B. Taxing Authority C imposes property tax of $100 on Company B on that piece of equipment. The lease agreement provides that Company B is responsible for any property taxes imposed on that piece of equipment. Since the $100 of property taxes are imposed directly on Company B, as opposed to being imposed on Company A, the property taxes imposed on the piece of equipment are not part of the sales price and are not subject to tax.
Tax 11.32(3m)(b)3.
3. Late payment fees that do not extend the term of the lease, license, or rental.
Tax 11.32(3m)(b)5.
5. Insurance charges, including credit life and accident, casualty, theft, and loss, and gap insurance, as provided in s.
77.54 (8), Stats.
