Amendment ASA1-AB75

AB75-ASA1,1027,2 77.71 (4) An excise tax is imposed at the rate of 0.5 percent in the case of a county 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 purchase price upon every person storing, using, or otherwise consuming a motor vehicle, boat, recreational vehicle, as defined in s. 340.01 (48r), or aircraft, if that property must be registered or titled with this state and if that property is to be customarily kept in a county that has in effect an ordinance under s. 77.70, the jurisdictional area of a transit authority that has in effect a resolution under s. 77.708, or in a special district that has in effect a resolution under s. 77.705 or 77.706, except that if the buyer has paid a similar local sales tax in another state on a purchase of the same property that tax shall be credited against the tax under this subsection.

AB75-ASA1, s. 1864 Section 1864. 77.73 (1) and (2) of the statutes are amended to read:

AB75-ASA1,1027,9 77.73 (1) Retailers making deliveries in their company-operated vehicles of tangible personal property, or of property on which taxable services were performed, to purchasers in a county or, special district, or transit authority's jurisdictional area are doing business in that county or, special district, or jurisdictional area, and that county or, special district, or transit authority has jurisdiction to impose the taxes under this subchapter on them.

AB75-ASA1,1027,16 (2) Counties and, special districts, and transit authorities do not have jurisdiction to impose the tax under s. 77.71 (2) in regard to tangible personal property purchased in a sale that is consummated in another county or special district in this state, or in another transit authority's jurisdictional area, that does not have in effect an ordinance or resolution imposing the taxes under this subchapter and later brought by the buyer into the county or, special district, or jurisdictional area of the transit authority that has imposed a tax under s. 77.71 (2).

AB75-ASA1, s. 1864b Section 1864b. 77.73 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-ASA1,1027,25 77.73 (1) Retailers making deliveries in their company-operated vehicles of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) on which taxable services were performed, to purchasers in a county, special district, or transit authority's jurisdictional area are doing business in that county, special district, or jurisdictional area, and that county, special district, or transit authority has jurisdiction to impose the taxes under this subchapter on them.

AB75-ASA1, s. 1864d Section 1864d. 77.73 (2) of the statutes, as affected by 2009 Wisconsin Acts 2 and .... (this act), is repealed and recreated to read:

AB75-ASA1,1028,11 77.73 (2) Counties, special districts, and transit authorities do not have jurisdiction to impose the tax under s. 77.71 (2) in regard to items, property, and goods under s. 77.52 (1) (b), (c), and (d), and tangible personal property, except snowmobiles, trailers, semitrailers, and all-terrain vehicles, purchased in a sale that is consummated in another county or special district in this state, or in another transit authority's jurisdictional area, that does not have in effect an ordinance or resolution imposing the taxes under this subchapter and later brought by the buyer into the county, special district, or jurisdictional area of the transit authority that has imposed a tax under s. 77.71 (2).

AB75-ASA1, s. 1864m Section 1864m. 77.73 (3) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

AB75-ASA1,1028,24 77.73 (3) Counties and, special districts, and transit authorities have jurisdiction to impose the taxes under this subchapter on retailers who file, or who are required to file, an application under s. 77.52 (7) or who register, or who are required to register, under s. 77.53 (9) or (9m), regardless of whether such retailers are engaged in business in the county or, special district, or transit authority's jurisdictional area, as provided in s. 77.51 (13g). A retailer who files, or is required to file, an application under s. 77.52 (7) or who registers, or is required to register, under s. 77.53 (9) or (9m) shall collect, report, and remit to the department the taxes imposed under this subchapter for all counties and, special districts, and transit authorities that have an ordinance or resolution imposing the taxes under this subchapter.

AB75-ASA1, s. 1865 Section 1865. 77.75 of the statutes is amended to read:

AB75-ASA1,1029,6 77.75 Reports. Every person subject to county, transit authority, or special district sales and use taxes shall, for each reporting period, record that person's sales made in the county or, special district , or jurisdictional area of a transit authority that has imposed those taxes separately from sales made elsewhere in this state and file a report of the measure of the county, transit authority, or special district sales and use taxes and the tax due thereon separately.

AB75-ASA1, s. 1865d Section 1865d. 77.75 of the statutes, as affected by 2009 Wisconsin Acts 2 and .... (this act), is repealed and recreated to read:

AB75-ASA1,1029,13 77.75 Reports. Every person subject to county, transit authority, or special district sales and use taxes shall, for each reporting period, record that person's sales made in the county, special district, or jurisdictional area of a transit authority that has imposed those taxes separately from sales made elsewhere in this state and file a report as prescribed by the department of revenue.

AB75-ASA1, s. 1866 Section 1866. 77.76 (1) of the statutes is amended to read:

AB75-ASA1,1029,21 77.76 (1) The department of revenue shall have full power to levy, enforce, and collect county, transit authority, and special district sales and use taxes and may take any action, conduct any proceeding, impose interest and penalties, and in all respects proceed as it is authorized to proceed for the taxes imposed by subch. III. The department of transportation and the department of natural resources may administer the county, transit authority, and special district sales and use taxes in regard to items under s. 77.61 (1).

AB75-ASA1, s. 1867 Section 1867. 77.76 (2) of the statutes is amended to read:

AB75-ASA1,1030,2 77.76 (2) Judicial and administrative review of departmental determinations shall be as provided in subch. III for state sales and use taxes, and no county, transit authority, or special district may intervene in any matter related to the levy, enforcement, and collection of the taxes under this subchapter.

AB75-ASA1, s. 1868 Section 1868. 77.76 (3r) of the statutes is created to read:

AB75-ASA1,1030,21 77.76 (3r) From the appropriation under s. 20.835 (4) (gc) the department of revenue shall distribute 98.5 percent of the taxes reported for each transit authority that has imposed taxes under this subchapter, minus the transit authority portion of the retailers' discount, to the transit authority no later than the end of the 3rd month following the end of the calendar quarter in which such amounts were reported. At the time of distribution the department of revenue shall indicate the taxes reported by each taxpayer. In this subsection, the "transit authority portion of the retailers' discount" is the amount determined by multiplying the total retailers' discount by a fraction the numerator of which is the gross transit authority sales and use taxes payable and the denominator of which is the sum of the gross state and transit authority sales and use taxes payable. The transit authority taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments, and all other adjustments of the transit authority taxes previously distributed. Interest paid on refunds of transit authority sales and use taxes shall be paid from the appropriation under s. 20.835 (4) (gc) at the rate paid by this state under s. 77.60 (1) (a). Any transit authority receiving a report under this subsection is subject to the duties of confidentiality to which the department of revenue is subject under s. 77.61 (5).

AB75-ASA1, s. 1869 Section 1869. 77.76 (4) of the statutes is amended to read:

AB75-ASA1,1031,3 77.76 (4) There shall be retained by the state 1.5% of the taxes collected for taxes imposed by special districts under ss. 77.705 and 77.706 and transit authorities under s. 77.708 and 1.75% of the taxes collected for taxes imposed by counties under s. 77.70 to cover costs incurred by the state in administering, enforcing, and collecting the tax. All interest and penalties collected shall be deposited and retained by this state in the general fund.

AB75-ASA1, s. 1870 Section 1870. 77.76 (5) of the statutes is created to read:

AB75-ASA1,1031,11 77.76 (5) If a retailer receives notice from the department of revenue that the retailer is required to collect and remit the taxes imposed under s. 77.708, but the retailer believes that the retailer is not required to collect such taxes because the retailer is not doing business within the transit authority's jurisdictional area, the retailer shall notify the department of revenue no later than 30 days after receiving notice from the department. The department of revenue shall affirm or revise its original determination no later than 30 days after receiving the retailer's notice.

AB75-ASA1, s. 1871d Section 1871d. 77.77 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-ASA1,1031,22 77.77 (1) (a) The sales price from services subject to the tax under s. 77.52 (2) or the lease, rental, or license of tangible personal property and property, items, and goods specified under s. 77.52 (1) (b), (c), and (d), is subject to the taxes under this subchapter, and the incremental amount of tax caused by a rate increase applicable to those services, leases, rentals, or licenses is due, beginning with the first billing period starting on or after the effective date of the county ordinance, special district resolution, transit authority resolution, or rate increase, regardless of whether the service is furnished or the property, item, or good is leased, rented, or licensed to the customer before or after that date.

AB75-ASA1, s. 1871e Section 1871e. 77.77 (1) (b) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

AB75-ASA1,1032,9 77.77 (1) (b) The sales price from services subject to the tax under s. 77.52 (2) or the lease, rental, or license of tangible personal property and property, items, and goods specified under s. 77.52 (1) (b), (c), and (d), is not subject to the taxes under this subchapter, and a decrease in the tax rate imposed under this subchapter on those services first applies, beginning with bills rendered on or after the effective date of the repeal or sunset of a county ordinance or, special district resolution, or transit authority resolution imposing the tax or other rate decrease, regardless of whether the service is furnished or the property, item, or good is leased, rented, or licensed to the customer before or after that date.

AB75-ASA1, s. 1871f Section 1871f. 77.77 (3) of the statutes is amended to read:

AB75-ASA1,1032,20 77.77 (3) The sale of building materials to contractors engaged in the business of constructing, altering, repairing or improving real estate for others is not subject to the taxes under this subchapter, and the incremental amount of tax caused by the rate increase applicable to those materials is not due, if the materials are affixed and made a structural part of real estate, and the amount payable to the contractor is fixed without regard to the costs incurred in performing a written contract that was irrevocably entered into prior to the effective date of the county ordinance, special district resolution, transit authority resolution, or rate increase or that resulted from the acceptance of a formal written bid accompanied by a bond or other performance guaranty that was irrevocably submitted before that date.

AB75-ASA1, s. 1872 Section 1872. 77.78 of the statutes is amended to read:

AB75-ASA1,1033,3 77.78 Registration. No motor vehicle, boat, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle or aircraft that is required to be registered by this state may be registered or titled by this state unless the registrant files a sales and use tax report and pays the county tax, transit authority tax, and special district tax at the time of registering or titling to the state agency that registers or titles the property. That state agency shall transmit those tax revenues to the department of revenue.

AB75-ASA1, s. 1872g Section 1872g. 77.85 of the statutes is amended to read:

AB75-ASA1,1033,9 77.85 State contribution. The department shall pay before June 30 annually the municipal treasurer, from the appropriation under s. 20.370 (5) (bv), 20 cents for each acre of land in the municipality that is designated as managed forest land under this subchapter and for each acre of land in the municipality that has been withdrawn under s. 77.885 but for which payments under s. 77.84 (2) are being made.

AB75-ASA1, s. 1872r Section 1872r. 77.885 of the statutes is created to read:

AB75-ASA1,1033,16 77.885 Withdrawal of tribal lands. Upon request of an Indian tribe, the department shall order the withdrawal of all land that is owned in fee by that tribe that is designated as managed forest land from the managed forest land program. No withdrawal tax under s. 77.88 (5) or withdrawal fee under s. 77.88 (5m) may be assessed against an Indian tribe for the withdrawal of such land if all of the following apply:

AB75-ASA1,1033,19 (1) The Indian tribe provides the department, before the date of the withdrawal order, with documentation that demonstrates that the tribe intends to transfer the land to the United States to be held in trust for the tribe.

AB75-ASA1,1033,24 (2) The tribe and the department have in effect a written agreement under which the tribe agrees that the land shall continue to be treated as managed forest land for purposes of ss. 77.83, 77.84, 77.85, 77.86, 77.87, 77.875, 77.876, 77.89, 77.90, 77.905, and 77.91 until the date on which the managed forest land order would have expired.

AB75-ASA1, s. 1873d Section 1873d. 77.92 (4) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-ASA1,1034,18 77.92 (4) "Net business income," with respect to a partnership, means taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), and (5k), and (8r); and plus or minus, as appropriate, transitional adjustments, depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain, loss, and deductions from farming. "Net business income," with respect to a natural person, estate, or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employee as defined in section 3121 (d) (3) of the Internal Revenue Code.

AB75-ASA1, s. 1874 Section 1874. 77.994 (1) (intro.) of the statutes is amended to read:

AB75-ASA1,1035,2 77.994 (1) (intro.) Except as provided in sub. subs. (2) and (3), a municipality or a county all of which is included in a premier resort area under s. 66.1113 may, by ordinance, impose a tax at a rate of 0.5% of the gross receipts from the sale, lease, or rental in the municipality or county of goods or services that are taxable under subch. III made by businesses that are classified in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, under the following industry numbers:

AB75-ASA1, s. 1874b Section 1874b. 77.994 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Acts 2 and .... (this act), is repealed and recreated to read:

AB75-ASA1,1035,11 77.994 (1) (intro.) Except as provided in subs. (2) and (3), a municipality or a county all of which is included in a premier resort area under s. 66.1113 may, by ordinance, impose a tax at a rate of 0.5% of the sales price from the sale, license, lease, or rental in the municipality or county of property, items, goods, or services that are taxable under subch. III made by businesses that are classified in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, under the following industry numbers:

AB75-ASA1, s. 1887 Section 1887. 77.994 (3) of the statutes is created to read:

AB75-ASA1,1035,16 77.994 (3) Any municipality that enacted an ordinance imposing the tax under sub. (1) that became effective before January 1, 2000, may amend the ordinance to increase the tax rate under this section to 1 percent. The amended ordinance is effective on the dates provided under s. 77.9941 (1).

AB75-ASA1, s. 1887b Section 1887b. 77.994 (4) of the statutes is created to read:

AB75-ASA1,1035,25 77.994 (4) (a) Except as provided in par. (b), no seller or certified service provider, as defined in s. 77.51 (1g), is liable for the tax, interest, or penalties imposed under this subchapter on a transaction in which the seller or certified service provider charged and collected the incorrect amount of tax imposed under this subchapter on the sale of a product that was shipped to the purchaser's location within a premier resort area, until such time as a database identifying the addresses subject to each premier resort area tax is available to all sellers and certified service providers.

AB75-ASA1,1036,2 (b) The relief from liability described in par. (a) does not apply to transactions which are sourced to the seller's place of business under s. 77.522 (1) (b) 1.

AB75-ASA1, s. 1888 Section 1888. 77.9941 (1) of the statutes is amended to read:

AB75-ASA1,1036,7 77.9941 (1) The ordinance under s. 77.994 is effective on January 1, April 1, July 1 or October 1. The municipality or county shall deliver a certified copy of that ordinance, or an amended ordinance under s. 77.994 (3), to the secretary of revenue at least 120 days before its effective date.

AB75-ASA1, s. 1889d Section 1889d. 77.9951 (2) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-ASA1,1036,14 77.9951 (2) Sections 77.51 (3r), (12m), (14), (14g), (15a), and (15b), 77.52 (1b), (3), (4), (13), (14), (18), and (19), 77.58 (1) to (5), (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (8), (9), and (12) to (15), and 77.62, as they apply to the taxes under subch. III, apply to the fee under this subchapter. The renter shall collect the fee under this subchapter from the person to whom the vehicle is rented.

AB75-ASA1, s. 1890m Section 1890m. Subchapter XIII (title) of chapter 77 [precedes 77.9971] of the statutes is amended to read:

AB75-ASA1,1036,17 CHAPTER 77

AB75-ASA1,1036,18 SUBCHAPTER XIII

AB75-ASA1,1036,20 REGIONAL TRANSIT KRM AUTHORITY FEE

AB75-ASA1, s. 1891 Section 1891. 77.9971 of the statutes is renumbered 77.9971 (1) and amended to read:

AB75-ASA1,1037,11 77.9971 (1) A regional transit The KRM authority under s. 59.58 (6) (7) may impose a fee at a rate not to exceed $2 $16, as adjusted under sub. (2), for each transaction in the region, as defined in s. 59.58 (6) (a) 2., authority's jurisdictional area, as described in s. 59.58 (7) (b), on the rental, but not for rerental and not for rental as a service or repair replacement vehicle, of Type 1 automobiles, as defined in s. 340.01 (4) (a), by establishments primarily engaged in short-term rental of passenger cars without drivers, for a period of 30 days or less, unless the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m), (9), or (9a). The fee imposed under this subchapter shall be effective on the first day of the first month that begins at least 90 days after the governing body board of directors of the regional transit KRM authority approves the imposition of the fee and notifies the department of revenue. The governing body board of directors shall notify the department of a repeal of the fee imposed under this subchapter at least 60 days before the effective date of the repeal.

AB75-ASA1, s. 1891d Section 1891d. 77.9971 (2) of the statutes is created to read:

AB75-ASA1,1037,19 77.9971 (2) (a) The KRM authority's board of directors may provide for the annual adjustment of the fee specified in sub. (1) to reflect the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on September 30 of the year before the adjustment. If the fee is adjusted under this subsection and the adjusted fee is not evenly divisible by $0.25, the adjusted fee shall be rounded to the next highest quarter-dollar amount.

AB75-ASA1,1037,22 (b) If the fee is adjusted under this subsection, the KRM authority shall provide notice to the department of revenue of the fee adjustment at least 90 days before the adjustment becomes effective.

AB75-ASA1, s. 1891h Section 1891h. 77.9972 (3) of the statutes is amended to read:

AB75-ASA1,1038,10 77.9972 (3) From the appropriation under s. 20.835 (4) (gh), the department of revenue shall distribute 97.45% of the fees collected under this subchapter for each regional transit authority to that the KRM authority and shall indicate to the authority the fees reported by each fee payer in the authority's jurisdiction, no later than the end of the month following the end of the calendar quarter in which the amounts were collected. The fees distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments, and all other adjustments. Interest paid on refunds of the fee under this subchapter shall be paid from the appropriation under s. 20.835 (4) (gh) at the rate under s. 77.60 (1) (a). Any regional transit authority that If the KRM authority receives a report along with a payment under this subsection, the KRM authority is subject to the duties of confidentiality to which the department of revenue is subject under s. 77.61 (5).

AB75-ASA1, s. 1891p Section 1891p. 77.9972 (6) of the statutes is created to read:

AB75-ASA1,1038,14 77.9972 (6) If the department of revenue receives notice of a fee adjustment under s. 77.9971 (2) (b), the department shall publish the new adjusted fee at least 30 days before the adjustment becomes effective.

AB75-ASA1, s. 1891t Section 1891t. 77.9973 of the statutes is amended to read:

AB75-ASA1,1038,21 77.9973 Discontinuation. Retailers and the department of revenue may not collect fees under this subchapter for any regional transit the KRM authority after the calendar quarter during which the regional transit KRM authority ceases to exist, except that the department may collect from retailers fees that accrued before that calendar quarter and interest and penalties that relate to those fees. If fees are collected, the authority may use the revenue for any lawful purpose.

AB75-ASA1, s. 1892 Section 1892. Subchapter XIV of chapter 77 [precedes 77.998] of the statutes is created to read:

AB75-ASA1,1038,24 CHAPTER 77

AB75-ASA1,1039,2 SUBCHAPTER XIV oil company profits tax

AB75-ASA1,1039,3 77.998 Definitions. In this subchapter:

AB75-ASA1,1039,5 (1) "Annual gross receipts" means the gross receipts that correspond to the state's fiscal year.

AB75-ASA1,1039,7 (2) "Biodiesel fuel" means biodiesel fuel, as defined in s. 168.14 (2m) (a), that is not blended with any petroleum product.

AB75-ASA1,1039,8 (3) "Department" means the department of revenue.

AB75-ASA1,1039,16 (4) "Gross receipts" means all consideration received from the first sale of motor vehicle fuel received by a supplier for sale in this state, for sale for export to this state, or for export to this state, not including state or federal excise taxes, or petroleum inspection fees, collected from the purchaser. "Gross receipts" does not include consideration received from the first sale of motor vehicle fuel received by a supplier for sale in this state, for sale for export to this state, or for export to this state, if the motor vehicle fuel is biodiesel fuel, ethanol blended with gasoline consisting of at least 85 percent ethanol, or motor vehicle fuel specified under s. 78.01 (2) or (2m).

AB75-ASA1,1039,17 (5) "Motor vehicle fuel" has the meaning given in s. 78.005 (13).

AB75-ASA1,1039,19 (6) "Related party" means a person whose relationship with the supplier is described under section 267 (b) of the Internal Revenue Code.

AB75-ASA1,1039,20 (7) "Supplier" has the meaning given in s. 78.005 (14).

AB75-ASA1,1039,21 (8) "Terminal operator" has the meaning given in s. 78.005 (16).

AB75-ASA1,1040,2 77.9981 Imposition. (1) For the privilege of doing business in this state, there is imposed a tax on each supplier at the rate of the following percentages of the supplier's annual gross receipts that are derived from the first sale in this state of motor vehicle fuel received by the supplier for sale in this state, for sale for export to this state, or for export to this state:

AB75-ASA1,1040,3 (a) For the first $15,000,000 of the supplier's annual gross receipts, 0.0 percent.

AB75-ASA1,1040,5 (b) For that portion of the supplier's annual gross receipts that exceeds $15,000,000, but not $75,000,000, 0.5 percent.

AB75-ASA1,1040,7 (c) For that portion of the supplier's annual gross receipts that exceeds $75,000,000, but not $120,000,000, 1.5 percent.

AB75-ASA1,1040,9 (d) For that portion of the supplier's annual gross receipts that exceeds $120,000,000, 3 percent.

AB75-ASA1,1040,15 (2) Any person, including a terminal operator, who is not a licensee under s. 78.09 and who either used any motor vehicle fuel in this state or has possession of any motor vehicle fuel, other than that contained in a motor vehicle's fuel tank, for which the tax under this subchapter has not been paid or for which no supplier has incurred liability for paying the tax, shall file a report, in the manner described by the department, and pay the tax based on the purchase price of the motor vehicle fuel.

AB75-ASA1,1040,18 77.9982 Administration. (1) The department shall administer the tax under this subchapter and may take any action, or conduct any proceeding as authorized by law, and impose interest and penalties, as provided under subch. XIII of ch. 71.

AB75-ASA1,1040,20 (2) The taxes imposed under this subchapter are due and payable as provided under s. 78.12 (5) and as provided by the department by rule.

AB75-ASA1,1041,4 (3) For purposes of determining the amount of the taxes imposed under this subchapter, income derived from the first sale in this state of the fuels described in s. 78.01 (2) and (2m) is not included in the supplier's annual gross receipts. For purposes of determining the amount of the tax imposed under this subchapter, with regard to a transfer of motor vehicle fuel from a supplier to a related party, the point of first sale in this state is the date of such transfer, and the annual gross receipts are calculated on a monthly basis using an index determined by rule by the department. For purposes of this subchapter, there is only one point of first sale in this state with regard to the sale of the same motor vehicle fuel.