Tax 11.48 Note
Example: The rental of a motel sleeping room by a salesperson from 8:00 a.m. to 4:00 p.m. for use as a display room is taxable.
Tax 11.48(2)(c)
(c) Sales of lodging by hotels, motels, and inns to governmental agencies and nonprofit organizations described in s.
77.54 (9a), Stats., and the federal government or to their employees are exempt from sales and use tax if the following 3 conditions are met, regardless of whether the agency or the employee pays for the lodging:
Tax 11.48(2)(c)1.
1. The hotel, motel, or inn issues the invoice or billing document for the lodging in the name of the governmental agency or nonprofit organization.
Tax 11.48(2)(c)2.a.
a. A purchase order or similar written document from the governmental agency.
Tax 11.48(2)(c)2.b.
b. The certificate of exempt status, CES, number of the nonprofit organization. The hotel, motel, or inn shall enter the CES number on its copy of the invoice or billing document.
Tax 11.48(2)(c)3.
3. The hotel, motel, or inn keeps a copy of the documents in subds.
1. and
2. to substantiate that the sale was exempt.
Tax 11.48(2)(d)
(d) Separately stated charges by hotels, motels, and inns for the rental of tangible personal property or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., including televisions and refrigerators, are taxable.
Tax 11.48(2)(e)
(e) Hotels, motels, and inns are the consumers of all the property, items, and goods used to conduct their business, such as beds, bedding, equipment, advertising materials, supplies, items, and property consumed by the occupants of a room as part of the lodging service. The tax applies to their purchases of all these items.
Tax 11.48(2)(f)1.1. Hotels, motels, and other lodging providers are deemed the consumers of telecommunications, ancillary, internet access, and cable TV services used in providing lodging services, even if the service provider charges its customer separately for such services.
Tax 11.48(2)(f)2.
2. The tax treatment of telecommunications, ancillary, internet access, and cable TV services is as follows:
Tax 11.48(2)(f)2.b.
b. The lodging provider's purchases of these services are subject to tax, except internet access services are not taxable beginning July 1, 2020.
Tax 11.48(3)(a)(a) The owner of a motel often leases the complete unit, including real and personal property, to a second party who operates the motel. If the lease does not indicate the amount of the lease receipts derived from the tangible personal property and items, property, and goods under s.
77.52 (1) (b),
(c), and
(d), Stats., as opposed to the realty and intangible property, the taxable receipts shall be determined by multiplying the total lease receipts of each reporting period by the ratio of the lessor's purchase price of the tangible personal property and items, property, and goods under s.
77.52 (1) (b),
(c), and
(d), Stats., to the lessor's total gross investment in all real and personal property being leased to that operator, except as provided in par.
(c). This ratio shall apply as long as the lease agreement between the lessor and lessee remains unchanged. However, the original ratio and any change in the ratio resulting from changes in the lease, due to additions to or removal of real or personal property leased, are subject to review by the department for reasonableness.
Tax 11.48(3)(b)
(b) The numerator of the ratio in par.
(a) is the purchase price of the tangible personal property and items, property, and goods under s.
77.52 (1) (b),
(c), and
(d), Stats., purchased by the lessor, except as provided in par.
(c). This includes furniture, furnishings, equipment, or trade fixtures in an office, kitchen, restaurant, lounge, rooms, patio, and other indoor and outdoor areas; beds, bedding, linen, and towels; vending machines; and maintenance equipment.
Tax 11.48 Note
Example: If the lessor's purchase price of the tangible personal property and items, property, and goods under s.
77.52 (1) (b),
(c), and
(d), Stats., is $100,000, and the lessor's gross investment is $500,000 for all real and personal property, items, and goods, taxable lease receipts shall be determined by applying a ratio of 20% ($100,000
÷ $500,000) to the gross lease receipts for each sales tax reporting period.
Tax 11.48(3)(c)
(c) For purposes of par.
(a), if the lessor of the property under s.
77.52 (1) (c), Stats., is also the lessor of the real property to which the property under s.
77.52 (1) (c), Stats., is affixed, the numerator of the ratio described in par.
(a), does not include the lessor's gross investment in such property, but the lessor is liable for the sales or use tax on its purchases of such property.
Tax 11.48 Note
Note: The interpretations in s.
Tax 11.48 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) The provisions of sub. (1) (c) 1. are effective on or after August 9, 1989, pursuant to
1989 Wis. Act 31; (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 clarification that a service provider who transfers tangible personal property, or items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), Stats., incidentally with a taxable service is the consumer of such property, items, or goods became effective July 2, 2013, pursuant to
2013 Wis. Act 20; (d) Clarification that a lodging provider is the consumer of telecommunication, internet, and cable TV services became effective June 23, 2017, pursuant to
2017 Wis. Act 17; and (e) Internet access services became nontaxable effective July 1, 2020, pursuant to
2017 Wis. Act 59.
Tax 11.48 History
History: Cr.
Register, November, 1977, No. 263, eff. 12-1-77; am. (1) (a) and (b), (2) (a) and (b) and (3) (b), cr. (1) (c) and (d), (2) (c) and (d), renum. (2) (c) to be (2) (e) and am.,
Register, March, 1991, No. 423, eff. 4-1-91; correction in (1) (d) made under s. 13.93 (2m) (b) 7., Stats.,
Register July 2002 No. 559;
EmR0924: emerg. am. (1), (2) (intro.) to (b), (c) (intro.), 2. (intro.), b., 3., (d), (e) and (3), cr. (3) (c), eff. 10-1-09;
CR 09-090: am. (1), (2) (intro.) to (b), (c) (intro.), 2. (intro.), b., 3., (d), (e) and (3), cr. (3) (c)
Register May 2010 No. 653, eff. 6-1-10;
CR 20-018: cr. (2) (f)
Register July 2021 No. 787, eff. 8-1-21.
Tax 11.49
Tax 11.49
Service stations and fuel oil dealers. Tax 11.49(1)(1)
Taxable sales. Sales by service station operators and fuel oil dealers subject to the sales tax include the following:
Tax 11.49(1)(a)
(a) The sale of furnace or heating fuel to customers, other than for residential or farm use.
Tax 11.49(1)(b)
(b) The repair, service, alteration, fitting, cleaning, painting, coating, inspection, and maintenance of motor vehicles, including the total amount charged for parts and labor and including motor vehicles and truck bodies owned by nonresidents except as provided in sub.
(2).
Tax 11.49(1)(c)
(c) The towing of motor vehicles, which includes the hauling of motor vehicles by a tow truck, as defined in s.
340.01 (67n), Stats.
Tax 11.49 Note
Examples: 1) The charge to a customer for towing a vehicle to a repair facility is taxable.
Tax 11.49 Note
2) The charge to a customer by a towing company for towing the customer's vehicle from a no parking zone is taxable.
Tax 11.49 Note
3) The charge to a customer by a towing company for towing a demolished vehicle to a junkyard is taxable.
Tax 11.49 Note
4) The charge to a Wisconsin governmental unit by a towing company for towing is exempt from tax.
Tax 11.49 Note
5) The charge to a repair facility by a towing company for towing a vehicle to the facility for repair which will be passed on to the customer is not taxable provided the repair facility gives the towing company a properly completed exemption certificate claiming resale. However, the charge for the towing service to the customer by the repair facility is taxable.
Tax 11.49(1)(d)
(d) Retail sales of tangible personal property and items, property, and goods under s.
77.52 (1) (b),
(c), and
(d), Stats., including motor oil, antifreeze, motor vehicle parts and supplies, tobacco products, candy, and soft drinks by service stations except as provided in sub.
(2).
Tax 11.49(1)(f)
(f) Providing parking for motor vehicles. Providing temporary storage of a motor vehicle is considered parking if the vehicle is ready and available for immediate use.
Tax 11.49(2)
(2)
Exempt sales. Sales by service station operators and fuel oil dealers not subject to the sales tax include the following:
Tax 11.49(2)(a)
(a) Sales of gasoline, general aviation fuel and special fuel including diesel and L.P. fuel, which are subject to the Wisconsin motor vehicle fuel taxes under ch.
78, Stats. The holder of a Wisconsin special fuel license may issue an exemption certificate to purchase special fuel without sales tax. On special fuel which a licensee puts into highway motor vehicles, the licensee is required to pay the special fuel tax. If motor fuel or special fuel is purchased without tax under s.
77.54 (11), Stats., because it is subject to the excise tax imposed under ch.
78, Stats., and then the excise taxes are later refunded under s.
78.75, Stats., because the buyer does not use the fuel in operating a motor vehicle upon the public highways, the fuel is subject to the tax, unless otherwise exempt under s.
77.54 (1),
(3),
(5),
(6) (am) 3.,
(9a),
(12),
(13),
(30) (a), Stats., or other exemptions in subch.
III of ch. 77, Stats.
Tax 11.49(2)(b)
(b) Sales made directly to this state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority; any county, city, village, town, or school district in this state; a county-city hospital established under s.
66.0927, Stats.; a sewerage commission organized under s.
281.43 (4), Stats., or a metropolitan sewerage district organized under ss.
200.01 to
200.15 or
200.21 to
200.65, Stats.; any other unit of government in this state or any agency or instrumentality of one or more units of government in this state; any federally recognized American Indian tribe or band in this state; any joint local water authority created under s.
66.0823, Stats.; any 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, except hospital service insurance corporations under s.
613.80 (2), Stats., no part of the net income of which inures to the benefit of any private stockholder, shareholder, member, or corporation; certain title holding entities described under section
501 (c) (2) of the Internal Revenue Code that are exempt from federal income tax under section
501 (a) of the Internal Revenue Code and organized for the exclusive purpose of holding title to property, collecting income from that property, and turning over the entire amount of that income, less expenses, to an entity described under s.
77.54 (9a) (f), Stats.; a local exposition district under subch.
II of ch. 229, Stats.; a local cultural arts district under subch.
V of ch. 229, Stats. Sales to a cemetery company or corporation described under section
501 (c) (13) of the Internal Revenue Code, are exempt from sales and use tax if the cemetery company or corporation uses the items exclusively for the purposes of the company or corporation. Section
77.55 (1), Stats., provides an exemption for sales to the United States, its unincorporated agencies and instrumentalities, and any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States. Sales to employees of these entities are not exempt, even though the entity may reimburse the employee for the expenditure.
Tax 11.49(2)(bg)
(bg) Sales made to a state veterans organization, as defined in s.
45.41 (1) (b), Stats., except property and services used primarily in preparing, storing, serving, selling, or delivering food and beverages, including products and services for cleaning machinery and equipment used for the food and beverages that are sold by the veterans organization.
Tax 11.49(2)(c)
(c) Sales of accessories, attachments, parts, supplies, and highway fuel for common or contract carrier motor trucks, truck tractors, road tractors, buses, trailers, and semi-trailers used exclusively in common or contract carriage, including the urban mass transportation of passengers as defined in s.
71.38, Stats. This exemption applies to purchases for school buses operated under contract with a public or private school to transport students. A station wagon or van which is not registered as a bus or truck with the division of motor vehicles in the Wisconsin department of transportation does not qualify for this exemption.
Tax 11.49(2)(d)
(d) Sales to farmers of parts and repairs for tractors or farm machines used exclusively and directly in farming, but this exemption does not apply if these items are used in motor vehicles for highway use.
Tax 11.49(2)(f)
(f) Sales of general aviation fuel to persons using aircraft as certified or licensed carriers of persons or property in interstate commerce are exempt under s.
77.54 (5) (a), Stats.
Tax 11.49(2)(g)
(g) Sales of coal, fuel oil, propane, steam, peat, fuel cubes produced from solid waste, wood, and biomass as defined in s.
196.378 (1) (ar), Stats., used for fuel sold for residential use. In this paragraph, “residential use" means use in a structure or portion of a structure which is a person's permanent residence as defined in s.
Tax 11.57 (2) (q) 2. and
3. Tax 11.49(2)(h)
(h) Sales of repairs, services, alterations, fitting, cleaning, painting, coating, towing, inspection, and maintenance services to common or contract carrier vehicles exempt under sub.
(2) (c), mobile mixing and processing units and the vehicle or trailer on which they are mounted, and motor vehicles not required to be licensed for highway use which are exclusively and directly used in conjunction with waste reduction or recycling activities.
Tax 11.49(2)(i)
(i) Sales of accessories, attachments, parts, supplies, and materials for mobile mixing and processing units and the vehicle or trailer on which they are mounted, including highway fuel for units operated on public highways.
Tax 11.49(2)(j)
(j) Sales of any residue used for fuel in a business activity that results from the harvesting of timber or the production of wood products including slash, sawdust, shavings, edgings, slabs, leaves, wood chips, bark and wood pellets manufactured primarily from wood or wood residue.
Tax 11.49(2)(k)
(k) Sales of fuel consumed in manufacturing tangible personal property, or items or property under s.
77.52 (1) (b) or
(c), Stats., in Wisconsin.
Tax 11.49(2)(L)
(L) Sales of fuel consumed in operating an industrial waste treatment facility.
Tax 11.49(3)(a)(a) Service station operators who repair motor vehicles may purchase, without tax, “for resale," repair parts and materials used in the work which are physically transferred to their customers. This includes auto parts, chassis lubricants, wheel greases, car waxes, paints, paint hardeners, plastic body fillers, and welding rods.
Tax 11.49(3)(b)
(b) A service station operator's purchases of equipment, tools, supplies, and other property, items, or goods not physically transferred to customers as part of the performance of a taxable service are subject to the sales and use tax. Supplies such as sandpaper, masking paper, masking tape, buffing pads, paint and lacquer thinner, clean and glaze compound, paint remover, tack rags, steel wool, metal conditioner, lacquer removing solvent, rubbing compound, wax and grease remover, fluxing materials, disc adhesives, and other property or items used or consumed in performing motor vehicle repair service are taxable.
Tax 11.49 Note
Note: The interpretations in s.
Tax 11.49 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) Sales of coal, fuel oil, propane, steam and wood used for fuel became exempt July 1, 1979, pursuant to
Chapter 1, Laws of 1979; (b) Sales of jet fuel to persons who were not certified or licensed carriers were taxable prior to January 1, 1982; (c) If the excise tax on motor fuel or special fuel is refunded under s.
78.75, Stats., a tax is payable pursuant to
1985 Wis. Act 29, effective September 1, 1985; (d) The repair of motor vehicles used in waste reduction or recycling processes is exempt pursuant to
1983 Wis. Act 426, effective July 1, 1984; (e) The repair of mobile mixing and processing units and the vehicle or trailer on which mounted, as well as parts, accessories, attachments, supplies and materials are exempt pursuant to
1985 Wis. Act 29, effective July 20, 1985; (f) Peat and solid waste fuel cubes sold for residential use are exempt pursuant to
1985 Wis. Act 149, effective April 2, 1986; (g) Wood residue sold for fuel use in a business activity is exempt pursuant to
1987 Wis. Act 27, effective September 1, 1987; (h) Repair to nonresident vehicles not otherwise exempt is exempt pursuant to
1987 Wis. Act 27, effective September 1, 1987; (i) The exemption for fuel used in farming, other than in machines, became effective October 1, 1991, pursuant to
1991 Wis. Act 39; (j) All towing services became taxable effective May 1, 1993; (k) Fuel consumed in manufacturing became exempt effective January 1, 2006, pursuant to
2003 Wis. Act 99; (L) Towing by a tow truck as defined in s.
340.01 (67n), Stats., became taxable effective July 1, 2009, pursuant to
2009 Wis. Act 28; (m) 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; (n) 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; and (o) The exemption for certain sales by a state veterans organization was effective July 1, 2018 pursuant to
2017 Wisconsin Act 190.
Tax 11.49 History
History: Cr.
Register, January, 1978, No. 265, eff. 2-1-78; am. (1) (a), cr. (2) (f),
Register, January, 1983, No. 325, eff. 2-1-83; am. (2) (a) and (e),
Register, June, 1983, No. 330, eff. 7-1-83; am. (2) (a),
Register, July, 1987, No. 379, eff. 8-1-87; correction in (2) (c) made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 1990, No. 412; am. (1) (b) and (d), (2) (b), (c) and (f) and (3) (a), cr. (2) (g), (h) and (i),
Register, March, 1991, No. 423, eff. 4-1-91; am. (1) (b) and (2) (d), renum. (1) (c) (intro.) and (2) (e) to (i) to be (1) (c) and (2) (f) to (j) and am. (1) (c), r. (1) (c) 1. to 3., cr. (1) (f) and (2) (e),
Register, April, 1993, No. 448, eff. 5-1-93;
EmR0924: emerg. am. (1) (b) to (e), (2) (a) to (c), (g) to (j) and (3), cr. (2) (k) and (L), eff. 10-1-09;
CR 09-090: am. (1) (b) to (e), (2) (a) to (c), (g) to (j) and (3), cr. (2) (k) and (L)
Register May 2010 No. 653, eff. 6-1-10;
CR 12-014: am. (2) (b), (d)
Register August 2012 No. 680, eff. 9-1-12;
CR 13-012: am. (2) (b)
Register August 2013 No. 692, eff. 9-1-13;
CR 14-006: am. (2) (b)
Register August 2014 No. 704, eff. 9-1-14; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats.,
Register August 2014 No. 704;
CR 20-018: am. (2) (b), cr. (2) (bg)
Register July 2021 No. 787, eff. 8-1-21.
Tax 11.50(1)(1)
Statute. Section
77.51 (13) (b), Stats., provides that every person engaged in the business of making sales at auction of tangible personal property and items, property, and goods under s.
77.52 (1) (b),
(c), and
(d), Stats., owned by the person making the sale or others is a “retailer." The definition of “sale" contained in s.
77.51 (14) (a), Stats., includes any sale at an auction.
Tax 11.50(2)
(2)
Retailer. If an auction company provides complete auction service, it is the retailer. If an auctioneer contracts with the owner of the auctioned property and arranges for clerking the auction, the auctioneer is the retailer. Auctioneers and auction companies who are retailers are responsible for reporting the sales tax on auction receipts even if the owner of the property has a seller's permit.
Tax 11.50(3)
(3)
Taxable auction receipts. Taxable receipts from auctions include the sales price received from:
Tax 11.50(3)(a)
(a) Auction sales of heavy equipment and going-out-of-business auction sales of retail stores, motels, wholesalers, manufacturers, contractors, and service enterprises, but not certain sales of personal farm property, as explained in sub.
(4) (a). The household goods exemption does not apply to these sales.
Tax 11.50(3)(b)
(b) Auction sales, including radio and television auction sales held at a location where the auctioneer holds more than 5 auctions during the calendar year.
Tax 11.50(3)(c)
(c) Auctions sponsored by a nonprofit organization, except as provided in sub.
(4) (c). The household goods exemption does not apply to these auctions.
Tax 11.50(3)(d)
(d) Auction sales of antiques and works of art except when sold with other household goods of which they were a part.
Tax 11.50(3)(e)
(e) Auction sales of professional or business inventories or equipment, except certain personal farm property as explained in sub.
(4) (a), even though they may consist of household goods.
Tax 11.50(3)(f)
(f) Sheriffs' sales and other auction sales made pursuant to orders of a Wisconsin court.
Tax 11.50(3)(g)
(g) Liquidation sales of an insolvent debtor's assets which are made pursuant to the order of a federal bankruptcy court.
Tax 11.50(3)(h)
(h) All other auction sales which are not specifically exempt under the law.
Tax 11.50(4)
(4)
Exempt auction receipts. The receipts from the following auction sales are exempt:
Tax 11.50(4)(a)
(a) Except as provided in sub.
(5), auction sales of personal farm property or household goods which are held at a location where the auctioneer holds 5 or fewer auctions during the calendar year. In this paragraph:
Tax 11.50(4)(a)1.
1. “Household goods" includes tangible personal property and items, property, and goods under s.
77.52 (1) (b),
(c), and
(d), Stats., which is associated with maintaining a household and is for family use. “Household goods" does not include:
Tax 11.50(4)(a)1.a.
a. Highway motor vehicles or trailers, snowmobiles, all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, mini bikes, aircraft, and boats.
Tax 11.50 Note
Example: Household goods include furniture necessary or ornamental to a house in furnishing or fitting it for use by members of the household. Thus household goods include goods removed from a family home, such as tables, chairs, lamps, appliances, beds, clocks, musical instruments, dressers, lawn and garden equipment, jugs and fruit jars, sporting goods or hobby equipment including bats, balls, tennis racquets, golf clubs, guns and ammunition, and related hunting equipment, fishing equipment, camping equipment, photographic equipment, tools, bicycles, and personal collections of those items.
Tax 11.50(4)(a)2.
2. “Personal farm property" includes tractors, implements of husbandry, machines, equipment or other tangible personal property and items, property, and goods under s.
77.52 (1) (b),
(c), and
(d), Stats., used by the owner in the business of farming. “Personal farm property" does not include racing, pleasure riding, or show horses, pets or other recreational animals not used in farming, highway vehicles and boats.
Tax 11.50(4)(b)
(b) Sales for resale or sales that are otherwise exempt. If such a sale is made at an auction, the person conducting the auction should obtain a properly completed exemption certificate from the purchaser.
Tax 11.50(4)(c)
(c) Auction sales by religious, charitable, educational, or civic organizations and other nonprofit organizations that conduct a fund raising event, if both of the following apply:
Tax 11.50(4)(c)1.
1. The auctioneer is not the retailer, because the auctioneer's services are donated.
Tax 11.50(5)
(5)
Auction sales of motor vehicles, boats, snowmobiles, recreational vehicles as defined in s. 340.01 (48r), stats., trailers, semi-trailers, all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, and aircraft. Tax 11.50(5)(a)
(a) An auctioneer shall collect, report, and remit tax on its sales of any of the following items if the auctioneer is a retailer, unless an exemption applies:
