Tax 11.92 NoteNote: The interpretations in this s. Tax 11.92 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) The 25% penalty in sub. (7) became effective July 20, 1985, pursuant to 1985 Wis. Act 29; and (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. Tax 11.92 HistoryHistory: Cr. Register, July, 1977, No. 259, eff. 8-1-77; emerg. cr. (1) (d), eff. 3-24-86; cr. (1) (d), Register, October, 1986, No. 370, eff. 11-1-86; am. (1) (intro.), (a), (b) and (c), (2) (intro.), (3) (intro.) and (c) and (4), cr. (7), Register, June, 1991, No. 426, eff. 7-1-91; EmR0924: emerg. am. (1) (intro.) to (c), (2) (b), (3) (c) and (6), renum. (1) (d) to be (1) (d) (intro.) and am., cr. (1) (d) 1. to 3. and (e) eff. 10-1-09;CR 09-090: am. (1) (intro.) to (c), (2) (b), (3) (c) and (6), renum. (1) (d) to be (1) (d) (intro.) and am., cr. (1) (d) 1. to 3. and (e) Register May 2010 No. 653, eff. 6-1-10; CR 10-094: renum. (7) to be (7) (a), cr. (7) (b) Register November 2010 No. 659, eff. 12-1-10; CR 12-014: am. (1) (b), (d) (intro.), r. (1) (d) 3., am. (1) (e) Register August 2012 No. 680, eff. 9-1-12; CR 20-018: am. (1) (b), cr. (1) (bg) Register July 2021 No. 787, eff. 8-1-21. Tax 11.925Tax 11.925 Sales and use tax security deposits. Tax 11.925(1)(a)(a) Under s. 77.61 (2) (a), Stats., the department may require a person liable for sales and use taxes to make a security deposit before or after a seller’s permit is issued. The amount of the security deposit determined by the department may not exceed $15,000. If a person fails or refuses to make a security deposit as requested, the department may refuse to issue a permit or revoke the permit. Tax 11.925(1)(b)(b) As provided in s. 77.61 (2) (b), Stats., a certified service provider who has contracted with a seller and filed an application to collect and remit sales and use taxes on behalf of the seller shall submit a surety bond within 60 days after the department notifies the certified service provider that the certified service provider is registered to collect Wisconsin sales and use taxes, to guarantee the payment of such sales and use taxes. However, the secretary of revenue or the secretary’s designee may waive this requirement or release the liability with respect to any certified service provider. Tax 11.925(2)(a)(a) In determining whether or not security will be required and the amount of security to be required, the department may consider all relevant factors including the person’s: Tax 11.925(2)(a)1.1. Evidence of adequate financial responsibility. Evidence may include a person’s assets and liabilities, liquidity of assets, estimated expenditures, and potential sales tax liability. Tax 11.925(2)(a)2.2. Prior record of filing tax returns and paying taxes of any kind with the department. Tax 11.925 NoteExample: A temporary or seasonal business having no fixed location which is frequently moved from city to city may be a greater security risk than one operating continually at a fixed location.
Tax 11.925 NoteExample: A sole proprietor or partner having nonbusiness financial resources may be a better risk than a corporation having limited assets.
Tax 11.925(2)(b)(b) Although the individual factors listed in par. (a) may be considered in determining security requirements, each case shall be determined on its merits as evaluated by the department. Protection of the sales and use tax revenues shall be the major consideration in determining security requirements. However, due consideration shall be given to reasonable evidence that security is not necessary. Tax 11.925(2)(c)(c) In instances in which the department determines that a security deposit in excess of $50.00 is required, notification of this requirement shall include a written statement clearly describing the reasons for the requirement and a description or calculation showing how the amount of the security requirement was determined. Tax 11.925(3)(3) Types of security. Acceptable types of security include, but are not limited to: Tax 11.925(3)(b)1.1. Time certificates of deposit issued by financial institutions and made payable to the department. Interest earned on those certificates shall be paid to the depositor. Tax 11.925(3)(b)2.2. Fully paid investment certificates issued by savings and loan associations made payable to the depositor. A security assignment, form S-127, shall be completed if this type of security is selected. Tax 11.925 NoteNote: Form S-127 may be obtained from the department’s website at www.revenue.wi.gov, any Department of Revenue office, or by writing, emailing, or calling: Wisconsin Department of Revenue, P.O. Box 8901, Madison, WI 53708-8901, DORSpecialProcedures@wisconsin.gov, (608) 266-0833. Tax 11.925(3)(b)3.3. Bearer bonds issued by the U.S. government, any unit of Wisconsin municipal government or by Wisconsin schools. The depositor should clip 2 full years’ coupons before depositing this type of security. Tax 11.925(4)(a)(a) If a security deposit is required, the amount generally shall be equal to the depositor’s average quarterly Wisconsin sales and use tax liability increased to the next highest even $100 amount. The average quarterly sales and use tax liability shall be based on whichever of the following the department considers most appropriate in the circumstances: Tax 11.925(4)(a)1.1. The depositor’s previous sales and use tax liability at the location specified on the permit. Tax 11.925(4)(a)2.2. The predecessor’s sales and use tax liability at the location specified on the permit, Tax 11.925(4)(a)4.4. Other factors, such as the department’s estimate of estimated tax liability based on its experience with other similar activities. Tax 11.925(4)(b)(b) If at the time of the security review the retailer has an outstanding sales and use tax delinquency, the delinquent amount shall be added to the average quarterly sales and use tax liability. Tax 11.925(5)(a)(a) Section 77.61 (2) (a), Stats., provides any security deposited under s. 77.61 (2), Stats., shall be returned to the taxpayer if the taxpayer has, for 24 consecutive months, complied with all the requirements of subch. III of ch. 77, Stats. Tax 11.925(5)(b)(b) The 24 month compliance requirement described in par. (a) shall begin on the day the deposit is received by the department. Tax 11.925(5)(c)(c) Within 30 days after the conclusion of the 24-month period described in par. (a), the department shall review the taxpayer’s compliance record. If the taxpayer has complied with subch. III of ch. 77, Stats., the department shall within 60 days after the expiration of the 24-month period certify the deposit for refund. Tax 11.925(5)(d)3.3. No delinquencies of sales or use tax, interest, or other charges existed. Tax 11.925(5)(d)4.4. No penalties due to negligence or fraud were assessed for filing periods within the 24-month compliance period. Tax 11.925(5)(d)5.5. No assessment of additional tax, interest, or other charges for filing periods within the 24-month compliance period is unpaid at the end of the 24-month compliance period. Tax 11.925(5)(e)(e) If a taxpayer does not meet the compliance requirements set forth in par. (d), the deposit shall be retained by the department until the taxpayer is in compliance for 24 consecutive months from the date of the latest non-compliance. Tax 11.925 NoteNote: The interpretations in s. Tax 11.925 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) The return of deposit provisions in sub. (5) became effective March 13, 1980, pursuant to Chapter 125, Laws of 1979; (b) The $15,000 limit for security deposits became effective October 1, 1985, pursuant to 1985 Wis. Act 29; and (c) The provision to require certified service providers to submit surety bonds and the provision to allow the secretary of revenue to waive the requirement became effective October 1, 2009, pursuant to 2009 Wis. Act 2. Tax 11.925 HistoryHistory: Cr. Register, July, 1981, No. 307, eff. 8-1-81; am. (1), (2) (a) 1., 3., and 4., (3) (b) 2., and (5) (c), Register, March, 1991, No. 423, eff. 4-1-91; am. (1), (2) (b), (3) (b) 1., (5) (c), (d) 4. and 5., r. (3) (a) 3., Register, December, 1992, No. 444, eff. 1-1-93; EmR0924: emerg. renum. (1) to be (1) (a) and am., cr. (1) (b), am. (2) (a) 1., (3) (a) 1., (5) (a), (d) 3. and 5., eff. 10-1-09; CR 09-090: renum. (1) to be (1) (a) and am., cr. (1) (b), am. (2) (a) 1., (3) (a) 1., (5) (a), (d) 3. and 5. Register May 2010 No. 653, eff. 6-1-10. Tax 11.93Tax 11.93 Annual filing of sales tax returns. Tax 11.93(1)(1) A retailer holding a regular seller’s permit who during the previous calendar or fiscal year had a sales and use tax liability not exceeding $600 will be notified by the department that it must only file one sales and use tax return for the following year. If the retailer wants to continue to file returns on a quarterly basis, it must contact the department. Tax 11.93(2)(2) Returns and payments of retailers reporting on an annual basis shall be due and payable on the last day of the month following the close of their calendar or fiscal year. Tax 11.93 NoteNote: The interpretations in s. Tax 11.93 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) A $300 standard applied to taxable years beginning on and after January 1, 1979. Prior to that date, a $100 standard applied; (b) The “annual information return” was eliminated for 1981 and subsequent years, pursuant to Chapter 221, Laws of 1979; and (c) The $600 standard applies on and after January 1, 2014. Tax 11.93 HistoryHistory: Cr. Register, December, 1978, No. 276, eff. 1-1-79; cr. (4), Register, January, 1983, No. 325, eff. 2-1-83; r. (3) and (4), Register, June, 1991, No. 426, eff. 7-1-91; EmR0924: emerg. am. (1), eff. 10-1-09; CR 09-090: am. (1) Register May 2010 No. 653, eff. 6-1-10; EmR1323: emerg. am. (1), eff. 1-1-14; CR 13-095: am. (1) Register May 2014 No. 701, eff. 6-1-14. Tax 11.94(1)(1) Definition. “Delivery charges” is defined in s. 77.51 (2m), Stats., to mean charges by a seller to prepare and deliver tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), Stats., or services to a location designated by the purchaser of the tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), Stats., or services, including charges for transportation, shipping, postage, handling, crating, and packing. Tax 11.94(2)(a)(a) When a seller charges a purchaser for the delivery of taxable tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d), Stats., the seller’s total charge, including any delivery charge, shall be subject to the sales or use tax. It is immaterial whether delivery is made by the seller’s vehicle, a common or contract carrier, or the United States postal service. Tax 11.94 NoteExample: Retailer A sells clothing to Customer B for $100. Retailer A also charges Customer B $10 for delivery of the clothing. Retailer A delivers the clothing to Customer B at a Wisconsin address for which the total applicable sales and use tax rate is 5%. The correct computation of the tax due is as follows:
Tax 11.94(2)(b)(b) When a seller charges a purchaser for the delivery of nontaxable or exempt tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d), Stats., the seller’s total charge, including any delivery charge, is not subject to the sales or use tax. Tax 11.94(2)(c)1.1. If a shipment includes both taxable and nontaxable property and items the seller shall determine and set forth on the invoice the portion of the delivery charge reasonably allocable to the taxable property and items. The portion allocated to nontaxable property and items is not taxable. If no allocation is made, the total delivery charge shall be taxable. Tax 11.94(2)(c)2.a.a. The total sales price of all of the property and items subject to tax as compared to the total sales price of all of the property and items included in the shipment. Tax 11.94(2)(c)2.b.b. The total weight of all of the property and items subject to tax as compared to the total weight of all of the property and items included in the shipment. Tax 11.94(2)(d)(d) A Wisconsin purchaser who purchases taxable property and items without tax for use in Wisconsin is subject to the use tax or sales tax pursuant to s. Tax 11.14 (2) (c) based on the “purchase price” of the property and items to the purchaser. The “purchase price” shall include delivery charges paid by the Wisconsin purchaser to the seller for shipment of the property and items to the purchaser. The “purchase price” does not include delivery charges paid by the Wisconsin purchaser to a carrier independent of the seller when the purchaser arranges for the transportation. Tax 11.94 NoteExample: If the “delivered price” of a carload of lumber is $6,000, including delivery charges, and the purchaser pays the delivery charges directly to the common carrier and deducts the payment from the amount due the seller, the delivery charges are borne by the seller and are included in the seller’s measure of the tax.
Tax 11.94(3)(a)(a) Delivery charges for “other direct mail” are not subject to sales or use tax if the delivery charges are separately stated on the invoice, bill of sale, or similar document that the seller gives to the purchaser. Delivery charges for “advertising and promotional direct mail” are exempt from sales and use tax regardless of whether they are separately stated on the invoice, bill of sale, or similar document. Tax 11.94(3)(b)(b) “Direct mail” is defined in s. 77.51 (3pd), Stats., to mean printed material that is delivered or distributed by the U.S. postal service or other delivery service to a mass audience or to addressees on a mailing list provided by or at the direction of the purchaser of the printed material, if the cost of the printed material or any tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d), Stats., included with the printed material is not billed directly to the recipients of the printed material. “Direct mail” includes any tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), Stats., provided directly or indirectly by the purchaser of the printed material to the seller of the printed material for inclusion in any package containing the printed material, including billing invoices, return envelopes, and additional marketing materials. “Direct mail” does not include multiple items of printed material delivered to a single address. Tax 11.94 NoteNote: The interpretations in s. Tax 11.94 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) The definitions of “delivery charges” and “direct mail,” and 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; (b) The definitions of “advertising and promotional direct mail” and “other direct mail” became effective May 27, 2010, pursuant to 2009 Wis. Act 330; and (c) The sales and use tax exemption for advertising and promotional direct mail, which includes the delivery charges for advertising and promotional direct mail, became effective July 1, 2013, pursuant to 2011 Wis. Act 32. Tax 11.94 HistoryHistory: Cr. Register, January, 1978, No. 265, eff. 2-1-78; am. (1) (e), r. (2) (b), renum. (2) (c), (d) and (e) to be (2) (b), (c) and (d), Register, September, 1984, No. 345, eff. 10-1-84; am. (2) (c), Register, July, 1987, No. 379, eff. 8-1-87; am. (1) (e) and (2) (b) and (d), Register, June, 1991, No. 426, eff. 7-1-91; reprinted to restore dropped copy in (1) (b), Register, December, 1995, No. 480; am. (1) (d), (2) (a) and (c), r. (2) (d), Register, October, 1999, No. 526, eff. 11-1-99; EmR0924: emerg. r. and recr. eff. 10-1-09; CR 09-090: r. and recr. Register May 2010 No. 653, eff. 6-1-10; CR 10-094: am. (3) (a) Register November 2010 No. 659, eff. 12-1-10; CR 13-011: am. (3) (a) Register August 2013 No. 692, eff. 9-1-13. Tax 11.945(1)(a)(a) “Advertising and promotional direct mail,” as provided in s. 77.51 (1ag), Stats., means direct mail that has the primary purpose of attracting public attention to a product, person, business, or organization or to attempt to sell, popularize, or secure financial support for a product, person, business, or organization. Tax 11.945(1)(b)1.1. “Other direct mail,” as provided in s. 77.51 (9r), Stats., means any direct mail that is not advertising and promotional direct mail, regardless of whether advertising and promotional direct mail is included in the same mailing. “Other direct mail” includes: Tax 11.945(1)(b)1.a.a. Transactional direct mail that contains personal information specific to the addressee, including invoices, bills, account statements, and payroll advices. Tax 11.945(1)(b)1.b.b. Any legally required mailings, including privacy notices, tax reports, and stockholder reports. Tax 11.945(1)(b)1.c.c. Other nonpromotional direct mail, including newsletters and informational pieces, that is delivered to existing or former shareholders, customers, employees, or agents. Tax 11.945(1)(b)2.2. “Other direct mail” does not include printed materials that result from developing billing information or providing any data processing service that is more than incidental, as defined in s. 77.51 (5), Stats., to producing other direct mail. Tax 11.945(1)(c)(c) “Product,” as provided in s. 77.51 (11d), Stats., includes tangible personal property, and items, property, and goods under s. 77.52 (1) (b), (c), and (d), Stats., and services. Tax 11.945(1)(d)(d) “Receive,” as defined in s. 77.522 (1) (a) 1., Stats., means taking possession of tangible personal property or items or property under s. 77.52 (1) (b) or (c), Stats.; making first use of services; or taking possession or making first use of digital goods under s. 77.52 (1) (d), Stats., whichever comes first. “Receive” does not include a shipping company taking possession of tangible personal property or items or property under s. 77.52 (1) (b) or (c), Stats., on a purchaser’s behalf. Tax 11.945(1)(e)1.1. Locomotives and railcars that are used to carry persons or property in interstate commerce. Tax 11.945(1)(e)2.2. Trucks and truck tractors that have a gross vehicle weight rating of 10,001 pounds or greater, trailers, semitrailers, and passenger buses, if such vehicles are registered under the international registration plan under s. 341.405, Stats., and operated under the authority of a carrier that is authorized by the federal government to carry persons or property in interstate commerce. Tax 11.945(1)(e)3.3. Aircraft that are operated by air carriers that are authorized by the federal government or a foreign authority to carry persons or property in interstate or foreign commerce. Tax 11.945(1)(e)4.4. Containers that are designed for use on the vehicles described in subds. 1. to 3. and component parts attached to or secured on such vehicles. Tax 11.945(2)(2) Sourcing — General. Except as provided in subs. (3), (4), and (5), and except as provided in s. Tax 11.66 (3) relating to the sourcing of telecommunications services, ancillary services, and Internet access services, a sale is sourced to a location based on the following:
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