SB45,14847Section 1484. 77.71 (3) of the statutes is amended to read: SB45,776,21877.71 (3) An excise tax is imposed upon a contractor engaged in construction 9activities within the county or, special district, or transit authority’s jurisdictional 10area at the rates under s. 77.70 in the case of a county tax, at the rate under s. 1177.701 or 77.702 in the case of a municipality tax, at the rate under s. 77.708 in the 12case of a transit authority tax, or at the rate under s. 77.706 in the case of a special 13district tax of the purchase price of tangible personal property or items, property, or 14goods under s. 77.52 (1) (b), (c), or (d) that are used in constructing, altering, 15repairing, or improving real property and that became a component part of real 16property in that county, municipality, or special district, or in the transit 17authority’s jurisdictional area, except that if the contractor has paid the sales tax of 18a county, municipality, transit authority, or special district in this state on that 19tangible personal property, item, property, or good, or has paid a similar local sales 20tax in another state on a purchase of the same tangible personal property, item, 21property, or good, that tax shall be credited against the tax under this subsection. SB45,148522Section 1485. 77.71 (4) of the statutes is amended to read: SB45,777,142377.71 (4) An excise tax is imposed at the rates under s. 77.70 in the case of a
1county tax, at the rate under s. 77.701 or 77.702 in the case of a municipality tax, at 2the rate under s. 77.708 in the case of a transit authority tax, or at the rate under s. 377.706 in the case of a special district tax of the purchase price upon every person 4storing, using, or otherwise consuming a motor vehicle, boat, recreational vehicle, 5as defined in s. 340.01 (48r), or aircraft if that property must be registered or titled 6with this state and if that property is to be customarily kept in a county that has in 7effect an ordinance under s. 77.70, in a municipality that has in effect an ordinance 8under s. 77.701 or 77.702, the jurisdictional area of a transit authority that has in 9effect a resolution under s. 77.708, or in a special district that has in effect a 10resolution under s. 77.706, except that if the buyer has paid a similar local sales tax 11in another state on a purchase of the same property, that tax shall be credited 12against the tax under this subsection. The lease or rental of a motor vehicle, boat, 13recreational vehicle, as defined in s. 340.01 (48r), or aircraft is not taxed under this 14subsection if the lease or rental does not require recurring periodic payments. SB45,148615Section 1486. 77.71 (5) of the statutes is amended to read: SB45,778,71677.71 (5) An excise tax is imposed on the purchase price for the lease or rental 17of a motor vehicle, boat, recreational vehicle, as defined in s. 340.01 (48r), or aircraft 18at the rates under s. 77.70 in the case of a county tax, at the rate under s. 77.701 or 1977.702 in the case of a municipality tax, at the rate under s. 77.708 in the case of a 20transit authority tax, or at the rate under s. 77.706 in the case of a special district 21tax upon every person storing, using, or otherwise consuming in the county, 22municipality, or special district, or transit authority’s jurisdictional area the motor 23vehicle, boat, recreational vehicle, as defined in s. 340.01 (48r), or aircraft if that
1property must be registered or titled with this state and if the lease or rental does 2not require recurring periodic payments, except that a receipt indicating that the 3tax under sub. (1) had been paid relieves the purchaser of liability for the tax under 4this subsection and except that if the purchaser has paid a similar local tax in 5another state on the same lease or rental of such motor vehicle, boat, recreational 6vehicle, as defined in s. 340.01 (48r), or aircraft, that tax shall be credited against 7the tax under this subsection. SB45,14878Section 1487. 77.73 (2) of the statutes is amended to read: SB45,778,19977.73 (2) Counties, municipalities, and special districts, and transit 10authorities do not have jurisdiction to impose the tax under s. 77.71 (2) in regard to 11items, property, and goods under s. 77.52 (1) (b), (c), and (d), and tangible personal 12property, except snowmobiles, trailers, semitrailers, limited use off-highway 13motorcycles, as defined in s. 23.335 (1) (o), all-terrain vehicles, and utility terrain 14vehicles, purchased in a sale that is consummated in another county, municipality, 15or special district in this state, or in another transit authority’s jurisdictional area, 16that does not have in effect an ordinance or resolution imposing the taxes under this 17subchapter and later brought by the buyer into the county, municipality, or special 18district, or jurisdictional area of the transit authority that has imposed a tax under 19s. 77.71 (2). SB45,148820Section 1488. 77.73 (2m) of the statutes is amended to read: SB45,779,42177.73 (2m) Counties, municipalities, and special districts, and transit 22authorities do not have jurisdiction to impose the tax under s. 77.71 (5) with regard 23to the lease or rental of a motor vehicle, boat, recreational vehicle, as defined in s. 24340.01 (48r), or aircraft if the lease or rental does not require recurring periodic
1payments and if the purchaser received the property in another county, 2municipality, or special district in this state or in another transit authority’s 3jurisdictional area, and then brings the property into a county, municipality, or 4special district, or transit authority that imposes the tax under s. 77.71 (5). SB45,14895Section 1489. 77.73 (3) of the statutes is amended to read: SB45,779,16677.73 (3) Counties, municipalities, and special districts, and transit 7authorities have jurisdiction to impose the taxes under this subchapter on retailers 8who file, or who are required to file, an application under s. 77.52 (7) or who 9register, or who are required to register, under s. 77.53 (9) or (9m), regardless of 10whether such retailers are engaged in business in the county, municipality, or 11special district, or transit authority’s jurisdictional area, as provided in s. 77.51 12(13g). A retailer who files, or is required to file, an application under s. 77.52 (7) or 13who registers, or is required to register, under s. 77.53 (9) or (9m) shall collect, 14report, and remit to the department the taxes imposed under this subchapter for all 15counties, municipalities, or special districts, or transit authorities that have an 16ordinance or resolution imposing the taxes under this subchapter. SB45,149017Section 1490. 77.75 of the statutes is amended to read: SB45,779,231877.75 Reports. Every person subject to county, municipality, transit 19authority, or special district sales and use taxes shall, for each reporting period, 20record that person’s sales made in the county, municipality, or special district, or 21jurisdictional area of a transit authority that has imposed those taxes separately 22from sales made elsewhere in this state and file a report as prescribed by the 23department of revenue. SB45,149124Section 1491. 77.76 (1) of the statutes is amended to read: SB45,780,7
177.76 (1) The department of revenue shall have full power to levy, enforce, 2and collect county, municipality, transit authority, and special district sales and use 3taxes and may take any action, conduct any proceeding, impose interest and 4penalties, and in all respects proceed as it is authorized to proceed for the taxes 5imposed by subch. III. The department of transportation and the department of 6natural resources may administer the county, municipality, transit authority, and 7special district sales and use taxes in regard to items under s. 77.61 (1). SB45,14928Section 1492. 77.76 (2) of the statutes is amended to read: SB45,780,12977.76 (2) Judicial and administrative review of departmental determinations 10shall be as provided in subch. III for state sales and use taxes, and no county, 11municipality, transit authority, or special district may intervene in any matter 12related to the levy, enforcement, and collection of the taxes under this subchapter. SB45,149313Section 1493. 77.76 (3t) of the statutes is created to read: SB45,781,51477.76 (3t) From the appropriation under s. 20.835 (4) (gj), the department 15shall distribute 99.25 percent of the municipality taxes reported for each enacting 16municipality, minus the municipality portion of the retailers’ discounts, to the 17municipality and shall indicate the taxes reported by each taxpayer, no later than 1875 days following the last day of the calendar quarter in which such amounts were 19reported. In this subsection, the “municipality portion of the retailers’ discount” is 20the amount determined by multiplying the total retailers’ discount by a fraction the 21numerator of which is the gross municipality sales and use taxes payable and the 22denominator of which is the sum of the gross state and municipality sales and use 23taxes payable. The municipality taxes distributed shall be increased or decreased 24to reflect subsequent refunds, audit adjustments, and all other adjustments of the
1municipality taxes previously distributed. Interest paid on refunds of municipality 2sales and use taxes shall be paid from the appropriation under s. 20.835 (4) (gj) at 3the rate paid by this state under s. 77.60 (1) (a). Any municipality receiving a report 4under this subsection is subject to the duties of confidentiality to which the 5department of revenue is subject under s. 77.61 (5) and (6). SB45,14946Section 1494. 77.76 (3w) of the statutes is created to read: SB45,782,2777.76 (3w) From the appropriation under s. 20.835 (4) (gc), the department of 8revenue shall distribute 98.5 percent of the taxes reported for each transit 9authority that has imposed taxes under this subchapter, minus the transit 10authority portion of the retailers’ discount, to the transit authority no later than 11the end of the 3rd month following the end of the calendar quarter in which such 12amounts were reported. At the time of distribution, the department of revenue 13shall indicate the taxes reported by each taxpayer. In this subsection, the “transit 14authority portion of the retailers’ discount” is the amount determined by 15multiplying the total retailers’ discount by a fraction the numerator of which is the 16gross transit authority sales and use taxes payable and the denominator of which is 17the sum of the gross state and transit authority sales and use taxes payable. The 18transit authority taxes distributed shall be increased or decreased to reflect 19subsequent refunds, audit adjustments, and all other adjustments of the transit 20authority taxes previously distributed. Interest paid on refunds of transit 21authority sales and use taxes shall be paid from the appropriation under s. 20.835 22(4) (gc) at the rate paid by this state under s. 77.60 (1) (a). Any transit authority
1receiving a report under this subsection is subject to the duties of confidentiality to 2which the department of revenue is subject under s. 77.61 (5). SB45,14953Section 1495. 77.76 (4) of the statutes is amended to read: SB45,782,10477.76 (4) There shall be retained by the state 1.5 percent of the taxes collected 5for taxes imposed by special districts under s. 77.706 and transit authorities under 6s. 77.708, 0.75 percent of the taxes collected for taxes imposed by counties under s. 777.70, and 1.75 percent of the taxes collected for taxes imposed by municipalities 8under s. 77.701 to cover costs incurred by the state in administering, enforcing, and 9collecting the tax. All interest and penalties collected shall be deposited and 10retained by this state in the general fund. SB45,149611Section 1496. 77.76 (4m) of the statutes is created to read: SB45,782,161277.76 (4m) There shall be retained by the state 0.75 percent of the taxes 13collected for taxes imposed by municipalities under s. 77.702 to cover the costs 14incurred by the state in administering, enforcing, and collecting the tax. All 15interest and penalties collected shall be deposited and retained by this state in the 16general fund. SB45,149717Section 1497. 77.76 (7) of the statutes is created to read: SB45,782,241877.76 (7) If a retailer receives notice from the department of revenue that the 19retailer is required to collect and remit the taxes imposed under s. 77.708, but the 20retailer believes that the retailer is not required to collect such taxes because the 21retailer is not doing business within the transit authority’s jurisdictional area, the 22retailer shall notify the department of revenue no later than 30 days after receiving 23notice from the department. The department of revenue shall affirm or revise its 24original determination no later than 30 days after receiving the retailer’s notice. SB45,1498
1Section 1498. 77.77 (1) (a) of the statutes is amended to read: