Tax 11.38 History
History: Cr.
Register, October, 1976, No. 250, eff. 11-1-76; r. and recr.
Register, June, 1993, No. 450, eff. 7-1-93;
EmR0924: emerg. am. (title), (1) (title), (intro.), (a), (2) (e) and (3) (b), eff. 10-1-09;
CR 09-090: am. (title), (1) (title), (intro.), (a), (2) (e) and (3) (b)
Register May 2010 No. 653, eff. 6-1-10; correction in (3) (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register May 2010 No. 653; correction in (2) made under s.
35.17, Stats.,
Register April 2019 No. 760.
Tax 11.39(1)(a)1.1. Manufacturing means the production by machinery of a new article of tangible personal property or item or property under s.
77.52 (1) (b) or
(c), Stats., with a different form, use, and name from existing materials, by a process popularly regarded as manufacturing.
Tax 11.39(1)(a)2.
2. Manufacturing does not include storing raw materials or finished units of tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats., research or development, delivery to or from the plant, or repairing or maintaining plant facilities.
Tax 11.39(1)(b)
(b) “Plant" as defined in s.
77.51 (10b), Stats., means a parcel of property or adjoining parcels of property, including parcels that are separated only by a public road, and the buildings, machinery, and equipment that are located on the parcel, that are owned by or leased to the manufacturer. Plant inventory does not include unsevered mineral deposits as provided in s.
77.51 (10c), Stats.
Tax 11.39(2)(a)1.
1. Begins with conveying of raw materials and supplies from plant inventory to the place where the work is performed in the same plant and ends with conveying finished units of tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats., to the point of first storage in the same plant.
Tax 11.39(2)(a)2.
2. Includes conveying work in progress directly from one manufacturing operation to another in the same plant.
Tax 11.39(2)(a)3.
3. Includes testing or inspecting, throughout the manufacturing process, the new article of tangible personal property or item or property under s.
77.52 (1) (b) or
(c), Stats., that is being manufactured.
Tax 11.39(2)(a)4.
4. Includes storing work in progress in the same plant where the manufacturing occurs.
Tax 11.39(2)(a)6.
6. Includes packaging a new article of tangible personal property or item or property under s.
77.52 (1) (b) or
(c), Stats., if the manufacturer or another person on the manufacturer's behalf performs the packaging and if the packaging becomes part of the new article as it is customarily offered for sale by the manufacturer.
Tax 11.39(2)(b)
(b) Manufacturing does not include storing raw materials or finished units of tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats., delivery to or from the plant, repairing or maintaining facilities, or research and development.
Tax 11.39(3)
(3)
Manufacturers. Manufacturers ordinarily include the following:
Tax 11.39(3)(om)
(om) Heat treaters and metal platers performing these services on semi-finished products furnished by manufacturers.
Tax 11.39(3)(ze)
(ze) Persons engaged in crushing, washing, grading and blending sand, rock, gravel and other minerals.
Tax 11.39(3)(zf)
(zf) Persons engaged in ore dressing, including the mechanical preparation, by crushing and other processes, and the concentration, by flotation and other processes, of ore, and beneficiation, including but not limited to the preparation of ore for smelting.
Tax 11.39(4)
(4)
Nonmanufacturers. Nonmanufacturers ordinarily include the following:
Tax 11.39(4)(a)
(a) Contractors, when engaged in real property construction activities and installing or repairing tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats.
Tax 11.39 Note
Note: The interpretations in s.
Tax 11.39 are effective under the general sales and use tax law on and after September 1, 1969 except that (a) 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., and certain leased property affixed to real property under s.
77.52 (1) (c), Stats., became effective October 1, 2009, pursuant to
2009 Wis. Act 2.
Tax 11.39 History
History: Cr.
Register, November, 1977, No. 263, eff. 12-1-77; am. (3) (j), (4) (c) and (r) 13., cr. (3) (om),
Register, June, 1983, No. 330, eff. 7-1-83; am. (1), (3) (f), cr. (3) (ze), (zf) and (zg), r. (4) (p), (q) and (r) 10.,
Register, September, 1984, No. 345, eff. 10-1-84; am. (3) (f),
Register, July, 1987, No. 379, eff. 8-1-87; correction in (4) (m) made under s. 13.93 (2m) (b) 5.,
Register, April, 1994, No. 460; correction in (2) (a) made under s. 13.93 (2m) (b) 5., Stats.,
Register, October, 1995, No. 478; am. (2) (a), (3) (m), (ze), (zf), (4) (intro.), cr. (3) (fr), (jd), (jr), (oc), (os), (wd), (wr), r. (4) (a), (d), (r), 2. and 4., renum. (4) (b), (c), (e), (f), (g), (h), (i), (j), (k), (L), (m), (n), (o) and (r) to be (4) (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (L), (m) and (n) and am. (4) (a) and (k),
Register, October, 1997, No. 502, eff. 11-1-97;
EmR0924: emerg. r. and recr. (1) and (2), am. (4) (intro.) and (a), r. (4) (h) and (i), renum. (4) (j) to (n) to be (4) (h) to (L), eff. 10-1-09;
CR 09-090: r. and recr. (1) and (2), am. (4) (intro.) and (a), r. (4) (h) and (i), renum. (4) (j) to (n) to be (4) (h) to (L)
Register May 2010 No. 653, eff. 6-1-10;
CR 14-006: am. (1) (b)
Register August 2014 No. 704, eff. 9-1-14.;
CR 20-018: r. (4) (b)
Register July 2021 No. 787, eff. 8-1-21.
Tax 11.40
Tax 11.40
Exemption of machines and processing equipment. Tax 11.40(1)(a)(a) Section
77.54 (6) (am) 1., Stats., exempts the sales price from the sale of and the storage, use or other consumption of machines and specific processing equipment and repair parts or replacements thereof, exclusively and directly used by a manufacturer in manufacturing tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats., and safety attachments for those machines and equipment. “Exclusively," as used in s.
77.54 (6) (am) 1., Stats., and in this section, means that the machines and specific processing equipment and repair parts or replacements thereof are used solely by a manufacturer in manufacturing tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats., to the exclusion of all other uses, except that the sales and use tax exemption will not be invalidated by an infrequent and sporadic use other than in manufacturing tangible personal property or items or property under s.
77.52 (1) (b) or
(c), Stats. This exemption is to be strictly construed.
Tax 11.40(1)(b)
(b) Section
77.51 (7h) (a), Stats., provides that manufacturing means the production by machinery of a new article of tangible personal property or item or property under s.
77.52 (1) (b) or
(c), Stats., with a different form, use, and name from existing materials by a process popularly regarded as manufacturing, and that begins with conveying raw materials and supplies from plant inventory to the place where work is performed in the same plant and ends with conveying finished units of tangible personal property or item or property under s.
77.52 (1) (b) or
(c), Stats., to the point of first storage in the same plant.
