Amendment ASA1-AB251

AB251-ASA1,5,11 73.03 (71) (d) 1. The legislative audit bureau shall review the determinations reported under par. (c) 1. and report its findings to the joint legislative audit committee and the joint committee on finance no later than November 1, 2019. If the legislative audit bureau's review of the determinations reported under par. (c) 1. results in a different calculation of the tax rates than that made under par. (b) 1., the joint committee on finance shall determine which tax rates to apply to the taxable year ending on December 31, 2019 beginning after December 31, 2018, and before January 1, 2020, and report its determination to the governor, the secretary of administration, and the secretary of revenue no later than November 10, 2019.

AB251-ASA1,10 Section 10. 73.03 (71) (d) 2. of the statutes is created to read:

AB251-ASA1,5,21 73.03 (71) (d) 2. The legislative audit bureau shall review the determinations reported under par. (c) 2. and report its findings to the joint legislative audit committee and the joint committee on finance no later than November 1, 2020. If the legislative audit bureau's review of the determinations reported under par. (c) 2. results in a different calculation of the tax rates than that made under par. (b) 2., the joint committee on finance shall determine which tax rates to apply to the taxable year beginning after December 31, 2019, and before January 1, 2021, and to each taxable year thereafter, and report its determination to the governor, the secretary of administration, and the secretary of revenue no later than November 10, 2020.

AB251-ASA1,11 Section 11 . 77.51 (7i) of the statutes is created to read:

AB251-ASA1,6,7 77.51 (7i) “Marketplace provider" means any person who facilitates a retail sale by a seller by listing or advertising for sale by the seller, in any manner, tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or a service specified under s. 77.52 (2) (a) and through agreements or arrangements with 3rd parties, directly or indirectly, who are collecting payment from the purchaser and transmitting that payment to the seller, regardless of whether the person receives compensation or other consideration in exchange for the services provided by the person. “Marketplace provider” does not include a person who provides advertising services or product listings and who neither collects payment from the purchaser nor remits such payment to the marketplace seller.

AB251-ASA1,12 Section 12 . 77.51 (7j) of the statutes is created to read:

AB251-ASA1,6,11 77.51 (7j) “Marketplace seller" means a seller who sells products through a physical or electronic marketplace operated by a marketplace provider, regardless of whether the seller is required to be registered with the department.

AB251-ASA1,13 Section 13 . 77.51 (11d) of the statutes is amended to read:

AB251-ASA1,6,16 77.51 (11d) For purposes of subs. (1ag), (1f), (3pf), (7j), and (9p) and ss. 77.52 (20) and (21), 77.522, 77.54 (9g), (51), (52), and (60), and 77.59 (5r), “product" includes tangible personal property, and items, property, and goods under s. 77.52 (1) (b), (c), and (d), and services.

AB251-ASA1,14 Section 14 . 77.51 (13) (intro.) of the statutes is amended to read:

AB251-ASA1,6,19 77.51 (13) (intro.) Except as provided in sub. (13b), “retailer" “Retailer” includes:

AB251-ASA1,15 Section 15 . 77.51 (13) (a) of the statutes is amended to read:

AB251-ASA1,6,24 77.51 (13) (a) Every seller who makes any sale on the seller's own behalf or on behalf of another person, regardless of whether the sale is mercantile in nature, of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or a service specified under s. 77.52 (2) (a).

AB251-ASA1,16 Section 16 . 77.51 (13) (c) of the statutes is amended to read:

AB251-ASA1,7,10 77.51 (13) (c) When the department determines that it is necessary for the efficient administration of this subchapter to regard any salespersons, representatives, peddlers, marketplace providers, or canvassers as the agents of the dealers, distributors, marketplace sellers, supervisors, or employers under whom they operate or from whom they obtain the tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) sold by them, irrespective of whether they are making the sales on their own behalf or on behalf of such dealers, distributors, marketplace sellers, supervisors , or employers, the department may so regard them and may regard the dealers, distributors, marketplace sellers, supervisors, or employers as retailers for purposes of this subchapter.

AB251-ASA1,17 Section 17 . 77.51 (13) (p) 7. of the statutes is created to read:

AB251-ASA1,7,13 77.51 (13) (p) 7. Whether the seller sells on the seller's own behalf or on behalf of another person.

AB251-ASA1,18 Section 18 . 77.51 (13) (q) of the statutes is created to read:

AB251-ASA1,7,18 77.51 (13) (q) A marketplace provider who facilitates, on behalf of a marketplace seller, sales that are sourced to this state as provided under s. 77.522 of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services.

AB251-ASA1,19 Section 19 . 77.51 (13b) of the statutes is repealed.

AB251-ASA1,20 Section 20 . 77.51 (14) (n) 7. of the statutes is created to read:

AB251-ASA1,7,22 77.51 (14) (n) 7. Whether the seller sells on the seller's own behalf or on behalf of another person.

AB251-ASA1,21 Section 21 . 77.51 (17) (g) of the statutes is created to read:

AB251-ASA1,7,25 77.51 (17) (g) Whether the seller sells on the seller's own behalf or on behalf of another person.

AB251-ASA1,22 Section 22. 77.52 (3m) of the statutes is created to read:

AB251-ASA1,8,7 77.52 (3m) (a) Except as provided in par. (b), a marketplace provider is liable for the tax imposed under this section on the entire sales price charged to the purchaser, including any amount charged by the marketplace provider for facilitating the sale, from the sale, license, lease or rental of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services under sub. (2).

AB251-ASA1,8,23 (b) A marketplace provider whose only activities are facilitating sales of tangible personal property or services described in sub. (2) (a) 1. on behalf of marketplace sellers operating under a hotel, motel, or restaurant brand name shared with the marketplace provider may submit an application to the department to request a waiver from collecting and remitting tax on sales facilitated on behalf of marketplace sellers. The application shall include the name and address of all marketplace sellers selling or furnishing such tangible personal property or services in this state, the marketplace seller's sales or use tax permit number obtained under sub. (7) or 77.53 (9), and any other information the department requires. The department may grant the waiver if it is satisfied that the tax due under this chapter is collected and remitted by the marketplace sellers. A marketplace provider that is granted the waiver must, within 60 days from a written request by the department, provide the name and address of all marketplace sellers selling or furnishing such tangible personal property or services in this state, the marketplace seller's sales or use tax permit number obtained under sub. (7) or 77.53 (9), and any other information the department requires.

AB251-ASA1,9,3 (c) The department may grant waivers under par. (b) for other types of marketplace providers if there is evidence that the marketplace sellers have a history of reliably collecting and remitting to the department the tax on sales or there is other evidence that the marketplace sellers will reliably collect and remit to the department the tax on sales.

AB251-ASA1,23 Section 23 . 77.52 (14) (c) of the statutes is created to read:

AB251-ASA1,9,7 77.52 (14) (c) A marketplace provider shall obtain and maintain each exemption certificate from a purchaser claiming an exemption for a sale facilitated by the marketplace provider on behalf of a marketplace seller.

AB251-ASA1,24 Section 24 . 77.523 of the statutes is created to read:

AB251-ASA1,9,12 77.523 Liability of marketplace providers, retailers, and marketplace sellers. (1) A marketplace provider shall collect and remit tax on a sale facilitated on behalf of a marketplace seller, unless the marketplace provider has been granted a waiver under s. 77.52 (3m) (b).

AB251-ASA1,9,19 (2) A marketplace provider who collects and remits tax on a sale under sub. (1) shall notify the marketplace seller that the marketplace provider is collecting and remitting the tax. Upon notification, only the marketplace provider may be audited and held liable for tax on the sale, unless the marketplace seller provided insufficient or incorrect information to the marketplace provider under sub. (4). If notification is not provided, the marketplace provider and marketplace seller may be audited and held liable for tax on the sale.

AB251-ASA1,9,23 (3) Upon examination by the department, a marketplace provider is relieved of liability under this subchapter for the failure to collect and remit tax on a sale if the marketplace provider can show all of the following to the department's satisfaction:

AB251-ASA1,9,24 (a) The sale was made solely on behalf of a marketplace seller.

AB251-ASA1,9,25 (b) The marketplace provider notified the marketplace seller under sub. (2).

AB251-ASA1,10,1 (c) The retail sale was properly sourced to this state under s. 77.522.

AB251-ASA1,10,10 (4) A marketplace provider is relieved of liability under this section for failure to collect and remit the correct amount of tax to the extent that the marketplace provider demonstrates to the satisfaction of the department that the error is due to insufficient or incorrect information given to the marketplace provider by the marketplace seller, except that this subsection does not apply if the marketplace provider and the marketplace seller are related entities, as defined in s. 71.01 (9am). A marketplace seller that provides insufficient or incorrect information to the marketplace provider may be audited and held liable for the tax if the marketplace provider is relieved of liability under this subsection.

AB251-ASA1,10,13 (6) Nothing in this section affects the obligations of a purchaser to remit use tax on a transaction for which the retailer or marketplace provider and marketplace seller did not collect and remit the tax.

AB251-ASA1,25 Section 25 . 77.585 (1g) of the statutes is created to read:

AB251-ASA1,10,20 77.585 (1g) A marketplace provider who collects and remits tax on behalf of a marketplace seller under s. 77.523 may claim a bad debt deduction under this subsection if either the marketplace provider or marketplace seller may claim a deduction under section 166 of the Internal Revenue Code for the sales transaction. A marketplace seller may not claim a deduction under this subsection for the same transaction.

AB251-ASA1,26 Section 26 . 77.585 (11) of the statutes is created to read:

AB251-ASA1,10,24 77.585 (11) A marketplace seller may claim as a deduction on a return under s. 77.58 the amount of the sales price for which the marketplace seller received notification under s. 77.523 (2).

AB251-ASA1,27 Section 27 . 77.982 (2) of the statutes is amended to read:

AB251-ASA1,11,6 77.982 (2) Sections 77.51 (1f), (3pf), (9p), (12m), (13), (14), (14g), (15a), and (15b), and (17), 77.52 (1b), (3), (5), (13), (14), and (18) to (23), 77.522, 77.523, 77.54 (51) and (52), 77.58 (1) to (5), (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (6), (8), (9), (12) to (15), and (19m), and 77.62, as they apply to the taxes under subch. III, apply to the tax under this subchapter. Section 77.73, as it applies to the taxes under subch. V, applies to the tax under this subchapter.

AB251-ASA1,28 Section 28 . 77.991 (2) of the statutes is amended to read:

AB251-ASA1,11,14 77.991 (2) Sections 77.51 (12m), (13), (14), (14g), (15a), and (15b), and (17), 77.52 (1b), (3), (5), (13), (14), (18), and (19), 77.522, 77.523, 77.58 (1) to (5), (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (6), (8), (9), (12) to (15), and (19m), and 77.62, as they apply to the taxes under subch. III, apply to the tax under this subchapter. Section 77.73, as it applies to the taxes under subch. V, applies to the tax under this subchapter. The renter shall collect the tax under this subchapter from the person to whom the passenger car is rented.

AB251-ASA1,29 Section 29 . 77.9951 (2) of the statutes is amended to read:

AB251-ASA1,11,21 77.9951 (2) Sections 77.51 (3r), (12m), (13), (14), (14g), (15a), and (15b), and (17), 77.52 (1b), (3), (5), (13), (14), (18), and (19), 77.522, 77.523, 77.58 (1) to (5), (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (6), (8), (9), (12) to (15), and (19m), and 77.62, as they apply to the taxes under subch. III, apply to the fee under this subchapter. The renter shall collect the fee under this subchapter from the person to whom the vehicle is rented.

AB251-ASA1,30 Section 30 . Effective date.

AB251-ASA1,12,2 (1) Sales tax collection by marketplace providers. This treatment of ss. 66.0615 (1m) (f) 2. and (g), 77.51 (7i), (7j), (11d), (13) (intro.), (a), (c), (p) 7., and (q), (13b), (14) (n) 7., and (17) (g), 77.52 (3m) and (14) (c), 77.523, 77.585 (1g) and (11), 77.982 (2), 77.991 (2), and 77.9951 (2) takes effect on the first day of the calendar quarter that is at least 3 months after publication.

AB251-ASA1,12,3 (End)