Currently, the room tax may be imposed by a municipality or a local exposition
district on the privilege of furnishing rooms or lodging to transients by hotelkeepers,
motel operators, lodging marketplaces, and other persons who furnish such
accommodations. Under the bill, the room tax may be imposed by a municipality or
district on the sales price from selling or furnishing rooms or lodging to transients
by hotelkeepers, motel operators, and others. 2019 Wisconsin Act 10 in effect
requires lodging marketplaces to collect and remit sales taxes from third parties.
Under this bill, for transactions that occur through a marketplace provider, the
marketplace provider generally collects any room tax due from a marketplace seller
(a seller who sells products through a physical or electronic marketplace operated by
a marketplace provider), and forwards it to the municipality on a quarterly basis,
along with a form prepared by DOR. The form must include the total sales for
properties located in a municipality with a room tax, the total number of nights such
properties were rented, the room tax rate, and the total tax collected. Annually,
beginning 90 days after the bill's effective date, DOR is required to post on its website
the name of each municipality that imposes a room tax, and the rate of each room tax.
Under current law and the bill, to enforce the collection of a room tax imposed
by a municipality or local exposition district, if such entities have probable cause to
believe that the correct amount of room tax has not been assessed or that a room tax
return is incorrect, they may inspect and audit the financial records of any person
subject to the room tax. Under current law, a person who fails to comply with a
request to inspect and audit such records is subject to a forfeiture not exceeding 5
percent of the room tax imposed or 5 percent of what the municipality or district
determines the room tax should be, according to its best judgment. Under the bill,
this same forfeiture may be imposed on a marketplace provider if the municipality
or district has made three requests to inspect and audit the requested records and
the marketplace provider fails to respond or comply with the request.
The technical changes made by the bill include the following:
1. Requires counties to provide DOR with the complete county tax roll.
2. Applies to the room tax a number of definitions that currently apply to the
general sales and use tax.
3. Authorizes a municipality or district performing an audit related to the room
tax to conduct joint audits with other such entities and to exchange audit information
with DOR and any municipality that took part in the joint audit.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB189,1 1Section 1. 59.25 (3) (e) of the statutes is renumbered 59.25 (3) (e) (intro.) and
2amended to read:
AB189,3,3
159.25 (3) (e) (intro.) Annually by March 15, furnish to the department of
2revenue the completed tax roll settlement sheets prescribed under s. 70.09 (3). all of
3the following:
AB189,2 4Section 2. 59.25 (3) (e) 1. of the statutes is created to read:
AB189,3,65 59.25 (3) (e) 1. The completed tax roll settlement sheets prescribed under s.
670.09 (3).
AB189,3 7Section 3. 59.25 (3) (e) 2. of the statutes is created to read:
AB189,3,98 59.25 (3) (e) 2. The complete county tax roll, as that term is used in s. 70.65,
9in a form and manner prescribed by the department.
AB189,4 10Section 4. 66.0615 (1) (bs) of the statutes is repealed.
AB189,5 11Section 5. 66.0615 (1) (bt) of the statutes is created to read:
AB189,3,1412 66.0615 (1) (bt) “Marketplace provider” has the meaning given in s. 77.51 (7i),
13to the extent that the marketplace provider facilitates the sale or furnishing of
14rooms, lodging, or other accommodations to transients under sub. (1m) (a).
AB189,6 15Section 6 . 66.0615 (1) (bu) of the statutes is created to read:
AB189,3,1616 66.0615 (1) (bu) “Marketplace seller” has the meaning given in s. 77.51 (7j).
AB189,7 17Section 7 . 66.0615 (1) (de) of the statutes is amended to read:
AB189,3,1918 66.0615 (1) (de) “Occupant” means a person who rents a short-term rental
19through a lodging marketplace provider.
AB189,8 20Section 8 . 66.0615 (1) (dk) of the statutes is amended to read:
AB189,3,2221 66.0615 (1) (dk) “Short-term rental” means a residential dwelling that is
22offered for rent for a fee and for fewer than 29 30 consecutive days.
AB189,9 23Section 9. 66.0615 (1m) (a) of the statutes is amended to read:
AB189,4,1624 66.0615 (1m) (a) The governing body of a municipality may enact an ordinance,
25and a district, under par. (e), may adopt a resolution, imposing a tax on the privilege

1of
sales price from selling or furnishing, at retail, except sales for resale, rooms or
2lodging to transients by hotelkeepers, motel operators, lodging marketplaces,
3marketplace providers, owners of short-term rentals, and other persons or retailers
4selling or
furnishing accommodations that are available to the public, irrespective
5of whether membership is required for use of the accommodations. A tax imposed
6under this paragraph may be collected from the consumer or user, but may not be
7imposed on sales to the federal government and persons listed under s. 77.54 (9a).
8A tax imposed under this paragraph by a municipality shall be paid to the
9municipality and, with regard to any tax revenue that may not be retained by the
10municipality, shall be forwarded by the municipality to a tourism entity or a
11commission if one is created under par. (c), as provided in par. (d). Except as provided
12in par. (am), a tax imposed under this paragraph by a municipality may not exceed
138 percent of the sales price. Except as provided in par. (am), if a tax greater than 8
14percent of the sales price under this paragraph is in effect on May 13, 1994, the
15municipality imposing the tax shall reduce the tax to 8 percent, effective on
16June 1, 1994.
AB189,10 17Section 10. 66.0615 (1m) (g) of the statutes is amended to read:
AB189,4,2118 66.0615 (1m) (g) Sections 77.51 (10), (12m), (13), (13g), (14), (14g), (15a), (15b),
19and (17),
77.52 (3), (3m) and , (13), (14), (18), and (19), 77.522, 77.523, 77.53 (7), 77.54,
2077.58 (6m), and 77.585,
as they apply to the taxes under subch. III of ch. 77, shall
21apply to the tax imposed under par. (a) by a municipality.
AB189,11 22Section 11 . 66.0615 (1r) of the statutes is created to read: