Amendment ASA1-SB40

SB40-ASA1, s. 2092 Section 2092. 77.54 (32) of the statutes is amended to read:

SB40-ASA1,1137,4 77.54 (32) The gross receipts sales price from charges, including charges for a search, imposed by an authority, as defined in s. 19.32 (1), for copies of a public record that a person may examine and use under s. 16.61 (12) or for copies of a record under s. 19.35 (1).

SB40-ASA1, s. 2093 Section 2093. 77.54 (33) of the statutes is amended to read:

SB40-ASA1,1137,8 77.54 (33) The gross receipts sales price from sales of and the storage, use or other consumption of medicines drugs used on farm livestock, not including workstock.

SB40-ASA1, s. 2094 Section 2094. 77.54 (35) of the statutes is amended to read:

SB40-ASA1,1137,13 77.54 (35) The gross receipts sales price from the sales of tangible personal property, items or property under s. 77.52 (1) (b) or (c), tickets or admissions by any baseball team affiliated with the Wisconsin Department of American Legion baseball.

SB40-ASA1, s. 2095 Section 2095. 77.54 (36) of the statutes is amended to read:

SB40-ASA1,1137,19 77.54 (36) The gross receipts sales price from the rental for a continuous period of one month or more of a mobile home, as defined in s. 66.0435 (1) (d), that is used as a residence. In this subsection, "one month" means a calendar month or 30 days, whichever is less, counting the first day of the rental and not counting the last day of the rental.

SB40-ASA1, s. 2096 Section 2096. 77.54 (37) of the statutes is amended to read:

SB40-ASA1,1137,24 77.54 (37) The gross receipts sales price from revenues collected under s. 146.70 (3) and the surcharge established by rule by the public service commission under s. 146.70 (3m) (f) for customers of wireless providers, as defined in s. 146.70 (3m) (a) 6.

SB40-ASA1, s. 2097 Section 2097. 77.54 (38) of the statutes is amended to read:

SB40-ASA1,1138,6 77.54 (38) The gross receipts sales price from the sale of and the storage, use or other consumption of snowmobile trail groomers and attachments for them that are purchased, stored, used or consumed by a snowmobile club that meets at least 3 times a year, that has at least 10 members, that promotes snowmobiling and that participates in the department of natural resources' snowmobile program under s. 350.12 (4) (b).

SB40-ASA1, s. 2098 Section 2098. 77.54 (39) of the statutes is amended to read:

SB40-ASA1,1138,14 77.54 (39) The gross receipts sales price from the sale of and the storage, use or other consumption of off-highway, heavy mechanical equipment such as feller bunchers, slashers, delimbers, chippers, hydraulic loaders, loaders, skidder-forwarders, skidders, timber wagons and tractors used exclusively and directly in the harvesting or processing of raw timber products in the field by a person in the logging business. In this subsection, "heavy mechanical equipment" does not include hand tools such as axes, chains, chain saws and wedges.

SB40-ASA1, s. 2099 Section 2099. 77.54 (40) of the statutes is repealed.

SB40-ASA1, s. 2100 Section 2100. 77.54 (41) of the statutes is amended to read:

SB40-ASA1,1138,21 77.54 (41) The gross receipts 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, renovation or development of property that would be exempt under s. 70.11 (36).

SB40-ASA1, s. 2101 Section 2101. 77.54 (42) of the statutes is amended to read:

SB40-ASA1,1138,25 77.54 (42) The gross receipts sales price from the sale of and the storage, use or other consumption of animal identification tags provided under s. 93.06 (1h) and standard samples provided under s. 93.06 (1s).

SB40-ASA1, s. 2102 Section 2102. 77.54 (43) of the statutes is amended to read:

SB40-ASA1,1139,5 77.54 (43) The gross receipts sales price from the sale of and the storage, use or other consumption of raw materials used for the processing, fabricating or manufacturing of, or the attaching to or incorporating into, printed materials that are transported and used solely outside this state.

SB40-ASA1, s. 2103 Section 2103. 77.54 (44) of the statutes, as affected by 2005 Wisconsin Act 141, is amended to read:

SB40-ASA1,1139,9 77.54 (44) The gross receipts sales price from the collection of low-income assistance fees that are charged under s. 16.957 (4) (a) or (5) (a).

SB40-ASA1, s. 2104 Section 2104. 77.54 (45) of the statutes is amended to read:

SB40-ASA1,1139,18 77.54 (45) The gross receipts sales price from the sale of and the use or other consumption of a onetime license or similar right to purchase admission to professional football games at a football stadium, as defined in s. 229.821 (6), that is granted by a municipality; a local professional football stadium district; or a professional football team or related party, as defined in s. 229.821 (12); if the person who buys the license or right is entitled, at the time the license or right is transferred to the person, to purchase admission to at least 3 professional football games in this state during one football season.

SB40-ASA1, s. 2105 Section 2105. 77.54 (46) of the statutes is amended to read:

SB40-ASA1,1139,22 77.54 (46) The gross receipts sales price from the sale of and the storage, use, or other consumption of the U.S. flag or the state flag. This subsection does not apply to a representation of the U.S. flag or the state flag.

SB40-ASA1, s. 2106 Section 2106. 77.54 (46m) of the statutes is amended to read:

SB40-ASA1,1140,4 77.54 (46m) The gross receipts sales price from the sale of and the storage, use, or other consumption of telecommunications services, if the telecommunications services are obtained by using the rights to purchase telecommunications services, including purchasing reauthorization numbers, by paying in advance and by using an access number and authorization code; and if the tax imposed under s. 77.52 or 77.53 was previously paid on the sale or purchase of such rights.

SB40-ASA1, s. 2107 Section 2107. 77.54 (47) (intro.) of the statutes is amended to read:

SB40-ASA1,1140,7 77.54 (47) (intro.) The gross receipts sales price from the sale of and the storage, use, or other consumption of all of the following:

SB40-ASA1, s. 2108 Section 2108. 77.54 (47) (b) 1. and 2. of the statutes are amended to read:

SB40-ASA1,1140,10 77.54 (47) (b) 1. The shooting facility is required to pay the tax imposed under s. 77.52 on its gross receipts the sales price from charges for shooting at the facility.

SB40-ASA1,1140,14 2. The shooting facility is a nonprofit organization that charges for shooting at the facility, but is not required to pay the tax imposed under s. 77.52 on its gross receipts the sales price from such charges because the charges are for occasional sales, as provided under sub. (7m).

SB40-ASA1, s. 2109 Section 2109. 77.54 (48) (a) of the statutes is renumbered 77.585 (9) (a) and amended to read:

SB40-ASA1,1140,25 77.585 (9) (a) Subject to 2005 Wisconsin Act 479, section 17, the gross receipts from the sale of and the storage, use, or other consumption a purchaser may claim as a deduction that portion of its purchase price of Internet equipment used in the broadband market for which the tax was imposed under this subchapter, if the purchaser certifies to the department of commerce, in the manner prescribed by the department of commerce, that the purchaser will, within 24 months after July 1, 2007, make an investment that is reasonably calculated to increase broadband Internet availability in this state. The purchaser shall claim the deduction in the same reporting period as the purchaser paid the tax imposed under this subchapter.

SB40-ASA1, s. 2110 Section 2110. 77.54 (48) (b) of the statutes is renumbered 77.585 (9) (b).

SB40-ASA1, s. 2111 Section 2111. 77.54 (49) of the statutes is amended to read:

SB40-ASA1,1141,16 77.54 (49) The gross receipts sales price from the sale of and the storage, use, or other consumption of taxable services and tangible personal property or item or property under s. 77.52 (1) (b) or (c) that is physically transferred to the purchaser as a necessary part of services that are subject to the taxes imposed under s. 77.52 (2) (a) 7., 10., 11., and 20., if the seller and the purchaser of such services and property or item are members of the same affiliated group under section 1504 of the Internal Revenue Code and are eligible to file a single consolidated return for federal income tax purposes. For purposes of this subsection, if a seller purchases a taxable service, item or property under s. 77.52 (1) (b) or (c), or tangible personal property, as described in the subsection, that is subsequently sold to a member of the seller's affiliated group and the sale is exempt under this subsection from the taxes imposed under this subchapter, the original purchase of the taxable service , item or property under s. 77.52 (1) (b) or (c), or tangible personal property by the seller is not considered a sale for resale or exempt under this subsection.

SB40-ASA1, s. 2112 Section 2112. 77.54 (50) of the statutes is created to read:

SB40-ASA1,1141,22 77.54 (50) The sales price from the sale of and the storage, use, or other consumption of specified digital goods or additional digital goods that are transferred electronically to the purchaser, if the sale of and the storage, use, or other consumption of such goods sold in a tangible form is exempt from taxation under this subchapter.

SB40-ASA1, s. 2113 Section 2113. 77.54 (51) of the statutes is created to read:

SB40-ASA1,1142,3 77.54 (51) The sales price from the sales of and the storage, use, or other consumption of products sold in a transaction that would be a bundled transaction, except that it contains taxable and nontaxable products as described in s. 77.51 (1f) (d), and except that the first person combining the products shall pay the tax imposed under this subchapter on the person's purchase price of the taxable items.

SB40-ASA1, s. 2114 Section 2114. 77.54 (52) of the statutes is created to read:

SB40-ASA1,1142,7 77.54 (52) The sales price from the sales of and the storage, use, or other consumption of products sold in a transaction that would be a bundled transaction, except that the transaction meets the conditions described in s. 77.51 (1f) (e).

SB40-ASA1, s. 2115 Section 2115. 77.54 (53) of the statutes is created to read:

SB40-ASA1,1142,9 77.54 (53) (a) In this subsection:

SB40-ASA1,1142,10 1. "Animals" include bacteria, viruses, and other microorganisms.

SB40-ASA1,1142,11 2. "Manufacturing" has the meaning given in sub. (6m).

SB40-ASA1,1142,17 3. "Qualified research" means qualified research as defined under section 41 (d) (1) of the Internal Revenue Code, except that research conducted by a public or private institution of higher education or by a governmental unit is "qualified research" if applying the research is intended to be useful in developing a new or improved product or service and the research satisfies section 41 (d) (1) (B) (i) and (C) of the Internal Revenue Code.

SB40-ASA1,1142,19 (b) The gross receipts from the sale of and the storage, use, or other consumption of:

SB40-ASA1,1142,24 1. Machines and specific processing equipment, including accessories, attachments, and parts for the machines or equipment, that are used exclusively and directly in raising animals that are sold primarily to a biotechnology business, a public or private institution of higher education, or a governmental unit for exclusive and direct use by any such entity in qualified research or manufacturing.

SB40-ASA1,1143,7 2. The items listed in sub. (3m) (a) to (m), medicines, semen for artificial insemination, fuel, and electricity that are used exclusively and directly in raising animals that are sold primarily to a biotechnology business, a public or private institution of higher education, or a governmental unit for exclusive and direct use by any such entity in qualified research or manufacturing. Subsection (30) (c), as it applies to the sale of fuel and electricity under sub. (30), applies to the sale of fuel and electricity under this subdivision.

SB40-ASA1,1143,11 3. Machines and specific processing equipment, including accessories, attachments, and parts for the machines or equipment, that are sold to a biotechnology business and used exclusively and directly in qualified research in biotechnology.

SB40-ASA1,1143,16 4. Tangible personal property that is sold to a biotechnology business, if the property is consumed or destroyed or loses its identity while being used exclusively and directly in qualified research in biotechnology. Subsection (30) (c), as it applies to the sale of fuel and electricity under sub. (30), applies to the sale of fuel and electricity under this subdivision.

SB40-ASA1,1143,18 5. Animals that are sold to a biotechnology business and used exclusively and directly in qualified research in biotechnology.

SB40-ASA1,1143,22 (c) A person who claims an exemption under par. (b) 1. and 2. shall obtain written documentation from the person's customers related to each customer's use of animals, including the percentage of animals sold to the customer that are used exclusively and directly in qualified research.

SB40-ASA1,1143,24 (d) The department shall publish on the department's Internet site a list of all biotechnology businesses certified by the department.

SB40-ASA1, s. 2116 Section 2116. 77.54 (53) (b) (intro.) of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed and recreated to read:

SB40-ASA1,1144,4 77.54 (53) (b) (intro.) The sales price from the sale of and the storage, use, or other consumption of:

SB40-ASA1, s. 2418g Section 2418g. 77.54 (53) (b) 2. of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed and recreated to read:

SB40-ASA1,1144,11 77.54 (53) (b) 2. The items listed in sub. (3m) (a) to (m), drugs, semen for artificial insemination, fuel, and electricity that are used exclusively and directly in raising animals that are sold primarily to a biotechnology business, a public or private institution of higher education, or a governmental unit for exclusive and direct use by any such entity in qualified research or manufacturing.

SB40-ASA1, s. 2418m Section 2418m. 77.54 (54) of the statutes is created to read:

SB40-ASA1,1144,16 77.54 (54) The gross receipts from the sale of and the storage, use, or other consumption of tangible personal property and taxable services that are sold by a home exchange service that receives moneys from the appropriation account under s. 20.485 (1) (g) and is operated by the department of veterans affairs.

SB40-ASA1, s. 2117 Section 2117. 77.54 (54) of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed and recreated to read:

SB40-ASA1,1144,22 77.54 (54) The sales price from the sale of and the storage, use, or other consumption of tangible personal property and taxable services that are sold by a home exchange service that receives moneys from the appropriation account under s. 20.485 (1) (g) and is operated by the department of veterans affairs.

SB40-ASA1, s. 2118 Section 2118. 77.55 (1) (intro.) of the statutes is amended to read:

SB40-ASA1,1145,3 77.55 (1) (intro.) There are is exempted from the computation of the amount of the sales tax the gross receipts sales price from the sale of any tangible personal property, items or property under s. 77.52 (1) (b) or (c), or services to:

SB40-ASA1, s. 2119 Section 2119. 77.55 (2) of the statutes is amended to read:

SB40-ASA1,1145,11 77.55 (2) There are is exempted from the computation of the amount of the sales tax the gross receipts sales price from sales of tangible personal property, and items and property under s. 77.52 (1) (b) and (c), to a common or contract carrier, shipped by the seller via the purchasing carrier under a bill of lading whether the freight is paid in advance, or the shipment is made freight charges collect, to a point outside this state and the property or item is actually transported to the out-of-state destination for use by the carrier in the conduct of its business as a carrier.

SB40-ASA1, s. 2120 Section 2120. 77.55 (2m) of the statutes is amended to read:

SB40-ASA1,1145,21 77.55 (2m) There are is exempted from the computation of the amount of sales tax the gross receipts sales price from sales of railroad crossties to a common or contract carrier, shipped wholly or in part by way of the purchasing carrier under a bill of lading, whether the freight is paid in advance or the shipment is made freight charges collect, to a point outside this state if the property is transported to the out-of-state destination for use by the carrier in the conduct of its business as a carrier. Interruption of the shipment for storage, drying, processing or creosoting of the railroad crossties in this state does not invalidate the exemption under this subsection.

SB40-ASA1, s. 2121 Section 2121. 77.55 (3) of the statutes is amended to read:

SB40-ASA1,1146,4 77.55 (3) There are is exempted from the computation of the amount of the sales tax the gross receipts sales price from sales of tangible personal property, and items and property under s. 77.52 (1) (b) and (c), purchased for use solely outside this state and delivered to a forwarding agent, export packer, or other person engaged in the business of preparing goods for export or arranging for their exportation, and actually delivered to a port outside the continental limits of the United States prior to making any use thereof.

SB40-ASA1, s. 2122 Section 2122. 77.56 (1) of the statutes is amended to read:

SB40-ASA1,1146,9 77.56 (1) The storage, use or other consumption in this state of property, including items and property under s. 77.52 (1) (b) and (c), the gross receipts sales price from the sale of which are is reported to the department in the measure of the sales tax, is exempted from the use tax.

SB40-ASA1, s. 2123 Section 2123. 77.57 of the statutes is amended to read:

SB40-ASA1,1146,23 77.57 Liability of purchaser. If a purchaser certifies in writing to a seller that the property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods purchased will be used in a manner or for a purpose entitling the seller to regard the gross receipts sales price from the sale as exempted by this subchapter from the computation of the amount of the sales tax and uses the property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods in some other manner or for some other purpose, the purchaser is liable for payment of the sales tax. The tax shall be measured by the sales price of the property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods to the purchaser, but if the taxable use first occurs more than 6 months after the sale to the purchaser, the purchaser may use as the measure of the tax either that sales price or the fair market value of the property at the time the taxable use first occurs.

SB40-ASA1, s. 2124 Section 2124. 77.58 (3) (a) of the statutes is amended to read:

SB40-ASA1,1147,12 77.58 (3) (a) For purposes of the sales tax a return shall be filed by every seller. For purposes of the use tax a return shall be filed by every retailer engaged in business in this state and by every person purchasing tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, additional digital goods, or services, the storage, use, or other consumption of which is subject to the use tax, who has not paid the use tax due to a retailer required to collect the tax. If a qualified subchapter S subsidiary is not regarded as a separate entity under ch. 71, the owner of that subsidiary shall include the information for that subsidiary on the owner's return. Returns shall be signed by the person required to file the return or by a duly authorized agent but need not be verified by oath. If a single-owner entity is disregarded as a separate entity under ch. 71, the owner shall include the information from the entity on the owner's return.

SB40-ASA1, s. 2125 Section 2125. 77.58 (3) (b) of the statutes is amended to read:

SB40-ASA1,1147,24 77.58 (3) (b) For purposes of the sales tax the return shall show the gross receipts of the seller during the preceding reporting period. For purposes of the use tax, in case of a return filed by a retailer, the return shall show the total sales price of the property or taxable services sold, the storage, use or consumption of which became subject to the use tax during the preceding reporting period. In case of a sales or use tax return filed by a purchaser, the return shall show the total sales price of the property and taxable services purchased, the storage, use or consumption of which became subject to the use tax during the preceding reporting period. The return shall also show the amount of the taxes for the period covered by the return and such other information as the department deems necessary for the proper administration of this subchapter.

SB40-ASA1, s. 2126 Section 2126. 77.58 (6) of the statutes is amended to read:

SB40-ASA1,1148,4 77.58 (6) For the purposes of the sales tax gross receipts, the sales price from rentals or leases of tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods shall be reported and the tax paid in accordance with such rules as the department prescribes.

SB40-ASA1, s. 2127 Section 2127. 77.58 (6m) of the statutes is created to read:

SB40-ASA1,1148,8 77.58 (6m) (a) The department may, in cases where it is satisfied that an undue hardship would otherwise result, permit the reporting of a sales price or purchase price on some basis other than the accrual basis.

SB40-ASA1,1148,12 (b) The entire sales price of credit transactions shall be reported in the period in which the sale is made without reduction in the amount of tax payable by the retailer by reason of the retailer's transfer at a discount of any open account, note, conditional sales contract, lease contract, or other evidence of indebtedness.

SB40-ASA1, s. 2128 Section 2128. 77.58 (9) of the statutes is created to read:

SB40-ASA1,1148,15 77.58 (9) The department may require a filing fee for sales tax returns that are filed on paper.