SB720,58
8Section
58. 76.39 (4) (d) of the statutes is amended to read:
SB720,33,149
76.39
(4) (d) All refunds shall be certified by the department to the department
10of administration which shall audit the amount of the refunds and the secretary of
11administration shall pay the amount, together with interest at the rate of
9 3 percent
12per year from the date payment was made. All additional taxes shall bear interest
13at the rate of 12 percent per year from the time they should have been paid to the date
14upon which the additional taxes shall become delinquent if unpaid.
SB720,59
15Section
59. 76.48 (5) of the statutes is amended to read:
SB720,34,216
76.48
(5) Additional assessments may be made, if notice of such assessment is
17given, within 4 years of the date the annual return was filed, but if no return was
18filed, or if the return filed was incorrect and was filed with intent to defeat or evade
19the tax, an additional assessment may be made at any time upon the discovery of
20gross revenues by the department. Refunds may be made if a claim for the refund
21is filed in writing with the department within 4 years of the date the annual return
22was filed. Refunds shall bear interest at the rate of
9 3 percent per year and shall
23be certified by the department to the secretary of administration who shall audit the
24amounts of such overpayments and pay the amount audited. Additional
1assessments shall bear interest at the rate of 12 percent per year from the time they
2should have been paid to the date upon which they shall become delinquent if unpaid.
SB720,60
3Section
60. 77.51 (13gm) (a) (intro.) of the statutes is renumbered 77.51
4(13gm) (a) and amended to read:
SB720,34,95
77.51
(13gm) (a) “Retailer engaged in business in this state” does not include
6a retailer who has no activities as described in sub. (13g), except for activities
7described in sub. (13g) (c), unless the
retailer meets either of the following criteria 8retailer's annual gross sales into this state exceed $100,000 in the previous
year or
9current
calendar year
:.
SB720,61
10Section
61. 77.51 (13gm) (a) 1. and 2. of the statutes are repealed.
SB720,62
11Section
62. 77.51 (13gm) (b) of the statutes is amended to read:
SB720,34,1712
77.51
(13gm) (b) If an out-of-state retailer's annual gross sales into this state
13exceed $100,000 in the previous
calendar year
or the retailer's annual number of
14separate sales transactions into this state is 200 or more in the previous year, the
15retailer shall register with the department and collect the taxes administered under
16s. 77.52 or 77.53 on sales sourced to this state under s. 77.522 for the entire current
17calendar year.
SB720,63
18Section
63. 77.51 (13gm) (c) of the statutes is amended to read:
SB720,35,219
77.51
(13gm) (c) If an out-of-state retailer's annual gross sales into this state
20are $100,000 or less in the previous
calendar year
and the retailer's annual number
21of separate sales transactions into this state is less than 200 in the previous year, the
22retailer is not required to register with the department and collect the taxes
23administered under s. 77.52 or 77.53 on sales sourced to this state under s. 77.522
24until the retailer's
gross sales
or transactions meet the criteria in par. (a) 1. or 2. 25exceed $100,000 for the current
calendar year, at which time the retailer shall
1register with the department and collect the tax for the remainder of the current
2calendar year.
SB720,64
3Section
64. 77.51 (13gm) (d) 1. of the statutes is repealed.
SB720,65
4Section
65. 77.51 (13gm) (d) 2. of the statutes is amended to read:
SB720,35,65
77.51
(13gm) (d) 2.
The annual amounts described in this subsection include 6“Gross sales” includes both taxable and nontaxable sales.
SB720,66
7Section
66. 77.51 (13gm) (d) 3. and 4. of the statutes are repealed.
SB720,67
8Section
67. 77.51 (13gm) (d) 5. of the statutes is amended to read:
SB720,35,119
77.51
(13gm) (d) 5. An out-of-state retailer's annual
amounts gross sales 10include all sales into this state by the retailer on behalf of other persons and all sales
11into this state by another person on the retailer's behalf.
SB720,68
12Section 68
. 77.52 (2m) (b) of the statutes is amended to read:
SB720,35,2113
77.52
(2m) (b) With respect to the
type of services
subject to tax under sub. (2)
14(a) 7., 10., 11., and 20. and except as provided in s. 77.54 (60) (b) and (bm) 2., all
15tangible personal property or items, property, or goods under
s. 77.52 sub. (1) (b), (c),
16or (d) physically transferred, or transferred electronically, to the customer in
17conjunction with the selling, performing, or furnishing of the service is a sale of
18tangible personal property or items, property, or goods under
s. 77.52 sub. (1) (b), (c),
19or (d) separate from the selling, performing, or furnishing of the service
, regardless
20of whether the purchaser claims an exemption on its purchase of the service. This
21paragraph does not apply to services provided by veterinarians.
SB720,69
22Section 69
. 77.54 (6) (am) 2. of the statutes is amended to read:
SB720,36,623
77.54
(6) (am) 2. Containers, labels, sacks, cans, boxes, drums, bags or other
24packaging and shipping materials for use in packing, packaging or shipping tangible
25personal property or items or property under s. 77.52 (1) (b) or (c), if the containers,
1labels, sacks, cans, boxes, drums, bags, or other packaging and shipping materials
2are used by the purchaser to transfer merchandise to customers
or physically
3transferred to the customer in conjunction with the selling, performing, or
4furnishing of the type of services under s. 77.52 (2) (a) 7., 10, 11., or 20. that are
5exempt from or not subject to taxation under this subchapter. This subdivision does
6not apply to services provided by veterinarians.
SB720,70
7Section
70. 77.54 (9a) (f) of the statutes is amended to read:
SB720,36,188
77.54
(9a) (f) Any corporation, community chest fund,
or foundation
or
9association organized and operated exclusively for religious, charitable, scientific or
10educational purposes, or for the prevention of cruelty to children or animals, except
11hospital service insurance corporations under s. 613.80 (2), no part of the net income
12of which inures to the benefit of any private stockholder, shareholder, member or
13corporation that is exempt from federal income tax under section 501 (c) (3) of the
14Internal Revenue Code and has received a determination letter from the internal
15revenue service. The exemption under this paragraph applies to churches and
16religious organizations that meet the requirements of section 501 (c) (3) but are not
17required to apply for and obtain tax-exempt status from the internal revenue
18service.
SB720,71
19Section
71. 77.61 (5) (b) 8m. of the statutes is created to read:
SB720,36,2120
77.61
(5) (b) 8m. The state auditor and the employees of the legislative audit
21bureau to the extent necessary for the bureau to carry out its duties under 13.94.
SB720,72
22Section
72. 79.02 (1) of the statutes is amended to read:
SB720,37,223
79.02
(1) The Except as provided in sub. (2) (b), the department of
24administration, upon certification by the department of revenue, shall distribute
1shared revenue payments to each municipality and county on the 4th Monday in July
2and the 3rd Monday in November.
SB720,73
3Section
73. 79.02 (2) (b) of the statutes is amended to read:
SB720,37,84
79.02
(2) (b) Subject to ss. 59.605 (4) and 70.995 (14) (b), payments in July shall
5equal 15 percent of the municipality's or county's estimated payments under ss.
679.035 and 79.04 and 100 percent of the municipality's estimated payments under
7s. 79.05.
Upon certification by the department of revenue, the estimated payment
8under s. 79.05 may be distributed before the 4th Monday in July.