AB43: Bill Text

AB43,1579 Section 1579. 77.51 (12t) of the statutes is renumbered 77.51 (12t) (intro.) and amended to read:

AB43,,4104 77.51 (12t) (intro.) “Real property construction activities” means activities that occur at a site where tangible personal property or items or goods under s. 77.52 (1) (b) or (d) that are applied or adapted to the use or purpose to which real property is devoted are permanently affixed to that real property, if the intent of the person who affixes that property is to make a permanent accession to the real property. “Real property construction activities” does not include affixing property subject to tax under s. 77.52 (1) (c) to real property or affixing to real property tangible personal property that remains tangible personal property after it is affixed. The department may promulgate rules to determine whether activities that occur at a site where tangible personal property or items or goods under s. 77.52 (1) (b) or (d) are affixed to real property are real property construction activities for purposes of this subchapter. If the classification of property or an activity is not identified by rule, the department’s determination of whether personal property becomes a part of real property shall be made by considering the following criteria:

AB43,1580 Section 1580. 77.51 (12t) (a) to (c) of the statutes are created to read:

AB43,,4106 77.51 (12t) (a) Actual physical annexation to the real property.

AB43,,4107 (b) Application or adaptation to the use or purpose to which the real property is devoted.

AB43,,4108 (c) An intention on the part of the person making the annexation to make a permanent accession to the real property.

AB43,1581 Section 1581. 77.51 (17g) of the statutes is created to read:

AB43,,4110 77.51 (17g) “Separate and optional fee” means a fee charged to receive a distinct and identifiable product if either of the following applies:

AB43,,4111 (a) The fee is in addition to fees that the seller charges for other distinct and identifiable products sold to the same buyer, the fee is separately set forth on the invoice given by the seller to the buyer, and the seller does not require the buyer to pay the fee if the buyer chooses not to receive the additional distinct and identifiable product for which the fee applies.

AB43,,4112 (b) The seller charges a single amount for multiple distinct and identifiable products and offers the buyer the option of paying a lower amount if the buyer chooses not to receive one or more of the distinct and identifiable products. For purposes of this paragraph, the separate and optional fee is the single amount the seller charges for the multiple distinct and identifiable products less the reduced amount the seller charges to the buyer because the buyer chooses not to receive one or more of the products.

AB43,1582 Section 1582. 77.52 (2) (a) 20. of the statutes is amended to read:

AB43,,4114 77.52 (2) (a) 20. The sale of landscaping and lawn maintenance services including landscape planning and counseling, lawn and garden services such as planting, mowing, spraying and fertilizing, and shrub and tree services. For purposes of this subdivision, landscaping and lawn maintenance services do not include planning and counseling services for the restoration, reclamation, or revitalization of prairie, savanna, or wetlands to improve biodiversity, the quality of land, soils, or water, or other ecosystem functions if the planning and counseling services are provided for a separate and optional fee from any other services.

AB43,1583 Section 1583. 77.52 (2) (a) 21. of the statutes is created to read:

AB43,,4116 77.52 (2) (a) 21. The sale of the right to access and use prewritten computer software, as defined in s. 77.51 (10r), if possession of the prewritten computer software is maintained by the seller or a 3rd party, including sales made on a per use, per user, per license, or subscription basis, or some other basis. This subdivision includes the sale of the right to access and use prewritten computer software to perform data processing and information services, regardless of whether the primary purpose of the transaction is the processed data, including check processing, image processing, form processing, survey processing, payroll processing, claim processing, and similar activities.

AB43,1584 Section 1584. 77.52 (2m) (a) of the statutes is amended to read:

AB43,,4118 77.52 (2m) (a) With respect to the services subject to tax under sub. (2), no part of the charge for the service may be deemed a sale or rental of tangible personal property or items, property, or goods under sub. (1) (b), (c), or (d) if the property, items, or goods transferred by the service provider are incidental to the selling, performing or furnishing of the service, except as provided in par. pars. (b) and (c).

AB43,1585 Section 1585. 77.52 (2m) (c) of the statutes is created to read:

AB43,,4120 77.52 (2m) (c) With respect to services subject to tax under sub. (2) (a) 7., 10., 11., and 20. that are provided for a separate and optional fee from the planning and counseling services described under sub. (2) (a) 20., all tangible personal property or items, property, or goods under sub. (1) (b), (c), or (d) physically transferred, or transferred electronically, to the customer in conjunction with the provision of the services subject to tax under sub. (2) (a) 7., 10., 11., and 20. is a sale of tangible personal property or items, property, or goods separate from the selling, performing, or furnishing of the services.

AB43,1586 Section 1586. 77.52 (13) of the statutes is amended to read:

AB43,,4122 77.52 (13) For the purpose of the proper administration of this section and to prevent evasion of the sales tax it shall be presumed that all receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services is not a taxable sale at retail is upon the person who makes the sale unless that person takes from the purchaser an electronic or a paper certificate, in a manner prescribed by the department, to the effect that the property, item, good, or service is purchased for resale or is otherwise exempt, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), (66), and (67), (70), (72), and (73).

****Note: This is reconciled s. 77.52 (13). This Section has been affected by drafts with the following LRB numbers: -0996/P1, -1611/P1, and -1625/P2.

AB43,1587 Section 1587. 77.53 (10) of the statutes is amended to read:

AB43,,4124 77.53 (10) For the purpose of the proper administration of this section and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable services sold by any person for delivery in this state is sold for storage, use, or other consumption in this state until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless that person takes from the purchaser an electronic or paper certificate, in a manner prescribed by the department, to the effect that the property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise exempt from the tax, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), (70), (72), and (73).

****Note: This is reconciled s. 77.53 (10). This Section has been affected by drafts with the following LRB numbers: -0996/P1, -1611/P1, and -1625/P2.

AB43,1588 Section 1588. 77.54 (7) (b) 1. of the statutes is amended to read:

AB43,,4126 77.54 (7) (b) 1. The item is transferred to a child, spouse, parent, father-in-law, mother-in-law parent-in-law, daughter-in-law, or son-in-law of the transferor or, if the item is a motor vehicle, from the transferor to a corporation owned solely by the transferor or by the transferor’s spouse.

AB43,1589 Section 1589. 77.54 (9a) (er) of the statutes is created to read:

AB43,,4128 77.54 (9a) (er) Any transit authority created under s. 66.1039.

AB43,1590 Section 1590. 77.54 (9a) (gm) of the statutes is created to read:

AB43,,4130 77.54 (9a) (gm) A local professional baseball park district under subch. III of ch. 229.

AB43,1591 Section 1591. 77.54 (14) (f) 3. of the statutes is repealed.

AB43,1592 Section 1592. 77.54 (14) (f) 4. of the statutes is amended to read:

AB43,,4133 77.54 (14) (f) 4. An advanced practice registered nurse who may issue prescription orders under s. 441.09 (2).

AB43,1593 Section 1593. 77.54 (20n) (d) 2. of the statutes is amended to read:

AB43,,4135 77.54 (20n) (d) 2. The retailer manufactures the prepared food in a building on real property assessed as manufacturing property under s. 70.995, or that would be assessed as manufacturing property under s. 70.995 if the building real property was located in this state.

AB43,1594 Section 1594. 77.54 (20n) (d) 3. of the statutes is amended to read:

AB43,,4137 77.54 (20n) (d) 3. The retailer makes no retail sales of prepared food at the building location described in subd. 2.

AB43,1595 Section 1595. 77.54 (41) of the statutes is amended to read:

AB43,,4139 77.54 (41) The sales price from the sale of building materials, supplies and equipment to; and the storage, use or other consumption of those kinds of property by; owners, contractors, subcontractors or builders if that property is acquired solely for or used solely in, the construction, improvement, renovation, repair, maintenance, or development of property that would be exempt under s. 70.11 (36).

AB43,1596 Section 1596. 77.54 (56) (a) of the statutes is repealed.

AB43,1597 Section 1597. 77.54 (56) (ad) of the statutes is created to read:

AB43,,4142 77.54 (56) (ad) 1. The sales price from the sale of and the storage, use, or other consumption of a solar power system or wind energy system that produces usable electrical or heat energy directly from the sun or wind, if the system is capable of continuously producing at least 200 watts of alternating current or 600 British thermal units. A solar power system or wind energy system described under this subdivision includes tangible personal property sold with the system that is used primarily to store or facilitate the storage of the electrical or heat energy produced by the system, but does not include an uninterruptible power source that is designed primarily for computers. The exemption under this subdivision does not apply to tangible personal property designed for any use other than for a solar power system or wind energy system described in this subdivision.

AB43,,4143 2. The sales price from the sale of and the storage, use, or other consumption of a waste energy system that produces usable electrical or heat energy directly from gas generated from anaerobic digestion of animal manure and other agricultural waste if the system is capable of continuously producing at least 200 watts of alternating current or 600 British thermal units. A system described under this subdivision includes tangible personal property sold with the system that is used primarily to store or facilitate the storage of the electrical or heat energy produced by the system, but does not include an uninterruptible power source that is designed primarily for computers. The exemption under this subdivision does not apply to tangible personal property designed for any use other than for a waste energy system described in this subdivision.

AB43,1598 Section 1598. 77.54 (56) (b) of the statutes is amended to read:

AB43,,4145 77.54 (56) (b) Except for the sale of electricity or energy that is exempt from taxation under sub. (30), beginning on July 1, 2011, the sales price from the sale of and the storage, use, or other consumption of electricity or heat energy produced by a product system described under par. (a) (ad).

AB43,1599 Section 1599. 77.54 (57d) (b) 1. of the statutes is amended to read:

AB43,,4147 77.54 (57d) (b) 1. A person engaged in manufacturing in this state at a building on real property assessed under s. 70.995.

AB43,1600 Section 1600. 77.54 (62) of the statutes is repealed.

AB43,1601 Section 1601. 77.54 (70) of the statutes is created to read:

AB43,,4150 77.54 (70) The sales price from the sale of and the storage, use, or other consumption of diapers and feminine hygiene products.

AB43,1602 Section 1602. 77.54 (71) of the statutes is created to read:

AB43,,4152 77.54 (71) The sales price from the sale of and the storage, use, or other consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an individual who holds a valid certificate issued under s. 73.17 (4).

AB43,1603 Section 1603. 77.54 (72) of the statutes is created to read:

AB43,,4154 77.54 (72) The sales price from the sale of and the storage, use, or other consumption of breast pumps, breast pump kits, and breast pump storage and collection supplies.

AB43,1604 Section 1604. 77.54 (73) of the statutes is created to read:

AB43,,4156 77.54 (73) (a) The sales price from the sale of and the storage, use, or other consumption of gun safes that are specifically designed for the storage of guns, but not other items used for gun storage, such as locking gun cabinets and racks.

AB43,,4157 (b) The sales price from the sale of and the storage, use, or other consumption of trigger locks and gun barrel locks.

AB43,1605 Section 1605. Subchapter V (title) of chapter 77 [precedes 77.70] of the statutes is amended to read:

AB43,,4159 CHAPTER 77

AB43,,4160 SUBCHAPTER V

AB43,,4164 COUNTY, MUNICIPALITY, TRANSIT AUTHORITY, AND SPECIAL DISTRICT SALES AND USE TAXES

****Note: This is reconciled subch. V of ch. 77 (title). This Section has been affected by drafts with the following LRB numbers: -1825/P3 and -1968/P1.

AB43,1606 Section 1606. 77.70 (title) of the statutes is amended to read:

AB43,,4166 77.70 (title) Adoption by county or municipal ordinance.

AB43,1607 Section 1607. 77.70 of the statutes is renumbered 77.70 (1) and amended to read:

AB43,,4168 77.70 (1) Any Except as provided in subs. (2) and (4), any county desiring to may impose county sales and use taxes under this subchapter may do so by the adoption of an ordinance, stating its purpose and referring to this subchapter. The rate of the tax imposed under this section subsection is 0.5 percent of the sales price or purchase price. Except as provided in s. 66.0621 (3m), the county sales and use taxes under this subsection may be imposed only for the purpose of directly reducing the property tax levy and only in their entirety as provided in this subchapter. That ordinance shall be effective on the first day of January, the first day of April, the first day of July or the first day of October January 1, April 1, July 1, or October 1. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 120 days before the effective date of the repeal. Except as provided under s. 77.60 (9), the department of revenue may not issue any assessment nor act on any claim for a refund or any claim for an adjustment under s. 77.585 after the end of the calendar year that is 4 years after the year in which the county has enacted a repeal ordinance under this section subsection.

****Note: This is reconciled s. 77.70 (1). This Section has been affected by drafts with the following LRB numbers: -1825/P3 and -1824/P3.

AB43,1608 Section 1608. 77.70 (2) of the statutes is created to read:

AB43,,4170 77.70 (2) In addition to the taxes imposed under sub. (1), a county other than Milwaukee County may, by ordinance, impose a sales and use tax under this subchapter at the rate of 0.5 percent of the sales price or purchase price. A sales and use tax enacted under this subsection may not take effect unless approved by a majority of the electors of the county at a referendum. The revenue from the taxes imposed under this subsection may be used for any purpose designated by the county board or specified in the ordinance or in the referendum approving the ordinance. The taxes imposed under this subsection may be imposed only in their entirety as provided in this subchapter. If approved at a referendum, the ordinance shall be effective on January 1, April 1, July 1, or October 1. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 120 days before the effective date of the repeal. Except as provided under s. 77.60 (9), the department of revenue may not issue any assessment nor act on any claim for a refund or any claim for an adjustment under s. 77.585 after the end of the calendar year that is 4 years after the year in which the county has enacted a repeal ordinance under this subsection.

AB43,1609 Section 1609. 77.70 (3) of the statutes is created to read:

AB43,,4172 77.70 (3) A municipality other than the city of Milwaukee with a population exceeding 30,000, as determined by the 2020 federal decennial census or under s. 16.96 for 2020, may, by ordinance, impose a sales and use tax under this subchapter at the rate of 0.5 percent of the sales price or purchase price. A sales and use tax enacted under this subsection may not take effect unless approved by a majority of the electors of the municipality at a referendum. The revenue from the taxes imposed under this subsection may be used for any purpose designated by the governing body of the municipality or specified in the ordinance or in the referendum approving the ordinance. The taxes imposed under this subsection may be imposed only in their entirety as provided in this subchapter. If approved at a referendum, the ordinance shall be effective on January 1, April 1, July 1, or October 1. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 120 days before the effective date of the repeal. Except as provided under s. 77.60 (9), the department of revenue may not issue any assessment nor act on any claim for a refund or any claim for an adjustment under s. 77.585 after the end of the calendar year that is 4 years after the year in which the municipality has enacted a repeal ordinance under this subsection.

AB43,1610 Section 1610. 77.70 (4) of the statutes is created to read:

AB43,,4174 77.70 (4) In addition to the taxes imposed under sub. (1), Milwaukee County may, by ordinance, impose a sales and use tax under this subchapter at the rate of 1 percent of the sales price or purchase price. A sales and use tax enacted under this subsection may not take effect unless approved by a majority of the electors of the county at a referendum. The referendum question submitted to the electors of the county shall describe both the taxes to be imposed under this subsection and the distribution to the city of Milwaukee of 50 percent of the revenue from the taxes. The county shall distribute 50 percent of the revenue from the taxes imposed under this subsection to the city of Milwaukee, and the revenue may be used for any purpose designated by the common council. The remaining revenue may be used for any purpose designated by the county board or specified in the ordinance or in the referendum approving the ordinance. The taxes imposed under this subsection may be imposed only in their entirety as provided in this subchapter. If approved at a referendum, the ordinance shall be effective on January 1, April 1, July 1, or October 1. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 120 days before the effective date of the repeal. Except as provided under s. 77.60 (9), the department of revenue may not issue any assessment nor act on any claim for a refund or any claim for an adjustment under s. 77.585 after the end of the calendar year that is 4 years after the year in which the county has enacted a repeal ordinance under this subsection.

AB43,1611 Section 1611. 77.705 of the statutes is repealed.

AB43,1612 Section 1612. 77.707 (1) of the statutes is amended to read:

AB43,,4177 77.707 (1) Retailers and the department of revenue may not collect a tax under s. 77.705, 2021 stats., for any local professional baseball park district created under subch. III of ch. 229 after the last day of the fiscal quarter in which the local professional baseball park district board makes a certification to the department of revenue under s. 229.685 (2) or after August 31, 2020, whichever is earlier, except that the department of revenue may collect from retailers taxes that accrued before the termination date and fees, interest and penalties that relate to those taxes. Except as provided under s. 77.60 (9), the department of revenue may not issue any assessment nor act on any claim for a refund or any claim for an adjustment under s. 77.585 after the end of the calendar year that is 4 years after the year in which a local professional baseball park district tax has terminated. The department of revenue shall estimate the amount of the refunds, including interest, that the department may need to pay during that 4-year period and retain that amount from the taxes collected for the district after the termination date. Any amount that remains after the payment of refunds shall be distributed to the counties based on the population of each county that is part of the district.

AB43,1613 Section 1613. 77.707 (1) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is repealed.

AB43,1614 Section 1614. 77.707 (2) of the statutes is renumbered 77.707.

AB43,1615 Section 1615. 77.708 of the statutes is created to read:

AB43,,4181 77.708 Adoption by resolution; transit authority. (1) A transit authority created under s. 66.1039, by resolution under s. 66.1039 (4) (s), may impose a sales tax and a use tax under this subchapter at a rate not to exceed 0.5 percent of the gross receipts or sales price. Those taxes may be imposed only in their entirety. The resolution shall be effective on the first day of the first calendar quarter that begins at least 120 days after a certified copy of the resolution is delivered to the department of revenue.

AB43,,4182 (2) Retailers and the department of revenue may not collect a tax under sub. (1) for any transit authority created under s. 66.1039 beginning on the first day of the calendar quarter that is at least 120 days after a certified copy of the repeal resolution under s. 66.1039 (4) (s) is delivered to the department of revenue, except that the department of revenue may collect from retailers taxes that accrued before such calendar quarter and fees, interest, and penalties that relate to those taxes.

AB43,1616 Section 1616. 77.71 (intro.) of the statutes is amended to read:

AB43,,4184 77.71 Imposition of county, municipality, transit authority, and special district sales and use taxes. (intro.) Whenever a county sales and use tax ordinance is adopted under s. 77.70 or a special district resolution is adopted under s. 77.705 or, 77.706, or 77.708, the following taxes are imposed:

****Note: This is reconciled s. 77.71 (intro.). This Section has been affected by drafts with the following LRB numbers: -1825/P3 and -1968/P1.

AB43,1617 Section 1617. 77.71 (intro.) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB43,,4186 77.71 Imposition of county, municipality, transit authority, and special district sales and use taxes. (intro.) Whenever a sales and use tax ordinance is adopted under s. 77.70 or a resolution is adopted under s. 77.705, 77.706, or 77.708, the following taxes are imposed:

****Note: This is reconciled s. 77.71 (intro.). This Section has been affected by drafts with the following LRB numbers: -1825/P3, -1940/P2, and -1968/P1.

AB43,1618 Section 1618. 77.71 (1) of the statutes is amended to read:

AB43,,4188 77.71 (1) For the privilege of selling, licensing, leasing, or renting tangible personal property and the items, property, and goods specified under s. 77.52 (1) (b), (c), and (d), and for the privilege of selling, licensing, performing, or furnishing services a sales tax is imposed upon retailers at the rates under s. 77.70 in the case of a county or municipality tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate under s. 77.705 or 77.706 in the case of a special district tax of the sales price from the sale, license, lease, or rental of tangible personal property and the items, property, and goods specified under s. 77.52 (1) (b), (c), and (d), except property taxed under sub. (4), sold, licensed, leased, or rented at retail in the county or, municipality, special district, or transit authority’s jurisdictional area, or from selling, licensing, performing, or furnishing services described under s. 77.52 (2) in the county or, municipality, special district, or transit authority’s jurisdictional area.