SB62,208,118
77.54
(43) The
gross receipts sales price from the sale of and the storage, use
9or other consumption of raw materials used for the processing, fabricating or
10manufacturing of, or the attaching to or incorporating into, printed materials that
11are transported and used solely outside this state.
SB62, s. 466
12Section
466. 77.54 (44) of the statutes is amended to read:
SB62,208,1413
77.54
(44) The
gross receipts sales price from the collection of low-income
14assistance fees that are charged under s. 16.957 (4) (a) or (5) (a).
SB62, s. 467
15Section
467. 77.54 (45) of the statutes is amended to read:
SB62,208,2316
77.54
(45) The
gross receipts sales price from the sale of and the use or other
17consumption of a onetime license or similar right to purchase admission to
18professional football games at a football stadium, as defined in s. 229.821 (6), that
19is granted by a municipality; a local professional football stadium district; or a
20professional football team or related party, as defined in s. 229.821 (12); if the person
21who buys the license or right is entitled, at the time the license or right is transferred
22to the person, to purchase admission to at least 3 professional football games in this
23state during one football season.
SB62, s. 468
24Section
468. 77.54 (46) of the statutes is amended to read:
SB62,209,3
177.54
(46) The
gross receipts
sales price from the sale of and the storage, use,
2or other consumption of the U.S. flag or the state flag. This subsection does not apply
3to a representation of the U.S. flag or the state flag.
SB62, s. 469
4Section
469. 77.54 (46m) of the statutes is amended to read:
SB62,209,105
77.54
(46m) The
gross receipts sales price from the sale of and the storage, use,
6or other consumption of telecommunications services, if the telecommunications
7services are obtained by using the rights to purchase telecommunications services,
8including purchasing reauthorization numbers, by paying in advance and by using
9an access number and authorization code; and if the tax imposed under s. 77.52 or
1077.53 was previously paid on the sale or purchase of such rights.
SB62, s. 470
11Section
470. 77.54 (47) (intro.) of the statutes is amended to read:
SB62,209,1312
77.54
(47) (intro.) The
gross receipts
sales price from the sale of and the storage,
13use, or other consumption of all of the following:
SB62, s. 471
14Section
471. 77.54 (47) (b) 1. of the statutes is amended to read:
SB62,209,1615
77.54
(47) (b) 1. The shooting facility is required to pay the tax imposed under
16s. 77.52 on
its gross receipts the sales price from charges for shooting at the facility.
SB62, s. 472
17Section
472. 77.54 (47) (b) 2. of the statutes is amended to read:
SB62,209,2218
77.54
(47) (b) 2. The shooting facility is a nonprofit organization that charges
19for shooting at the facility, but is not required to pay the tax imposed under s. 77.52
20on its
gross receipts sales price from such charges because the charges are for
21occasional sales, as provided under sub. (7m), or because the charges satisfy the
22exemption under s. 77.52 (2) (a) 2. b.
SB62, s. 473
23Section
473. 77.54 (48) (a) of the statutes is renumbered 77.585 (9) (a) and
24amended to read:
SB62,210,9
177.585
(9) (a) Subject to
2005 Wisconsin Act 479, section
17,
the gross receipts
2from the sale of and the storage, use, or other consumption a purchaser may claim
3as a deduction that portion of its purchase price of Internet equipment used in the
4broadband market
for which the tax was imposed under this subchapter, if the
5purchaser certifies to the department of commerce, in the manner prescribed by the
6department of commerce, that the purchaser will, within 24 months after July 1,
72007, make an investment that is reasonably calculated to increase broadband
8Internet availability in this state.
The purchaser shall claim the deduction in the
9same reporting period as the purchaser paid the tax imposed under this subchapter.
SB62, s. 474
10Section
474. 77.54 (48) (b) of the statutes is renumbered 77.585 (9) (b).
SB62, s. 475
11Section
475. 77.54 (49) of the statutes is amended to read:
SB62,211,212
77.54
(49) The
gross receipts sales price from the sale of and the storage, use,
13or other consumption of taxable services and tangible personal property
or items,
14property, or goods under s. 77.52 (1) (b), (c), or (d), that
is are physically transferred
15to the purchaser as a necessary part of services that are subject to the taxes imposed
16under s. 77.52 (2) (a) 7., 10., 11., and 20., if the seller and the purchaser of such
17services and property
, item, or good are members of the same affiliated group under
18section
1504 of the Internal Revenue Code and are eligible to file a single
19consolidated return for federal income tax purposes. For purposes of this subsection,
20if a seller purchases a taxable service
, or item, property, or goods under s. 77.52 (1)
21(b), (c), or (d), or tangible personal property, as described in
the this subsection, that
22is subsequently sold to a member of the seller's affiliated group and the sale is exempt
23under this subsection from the taxes imposed under this subchapter, the original
24purchase of the taxable service
, or item, property, or goods under s. 77.52 (1) (b), (c),
1or (d), or tangible personal property by the seller is not considered a sale for resale
2or exempt under this subsection.
SB62, s. 476
3Section
476. 77.54 (50) of the statutes is created to read:
SB62,211,84
77.54
(50) The sales price from the sale, license, lease, or rental of and the
5storage, use, or other consumption of specified digital goods or additional digital
6goods, if the sale, license, lease, or rental of and the storage, use, or other
7consumption of such goods sold in a tangible form is exempt from taxation under this
8subchapter.
SB62, s. 477
9Section
477. 77.54 (51) of the statutes is created to read:
SB62,211,1410
77.54
(51) The sales price from the sales of and the storage, use, or other
11consumption of products sold in a transaction that would be a bundled transaction,
12except that it contains taxable and nontaxable products as described in s. 77.51 (1f)
13(d), and except that the first person combining the products shall pay the tax imposed
14under this subchapter on the person's purchase price of the taxable items.
SB62, s. 478
15Section
478. 77.54 (52) of the statutes is created to read:
SB62,211,1816
77.54
(52) The sales price from the sales of and the storage, use, or other
17consumption of products sold in a transaction that would be a bundled transaction,
18except that the transaction meets the conditions described in s. 77.51 (1f) (e).
SB62, s. 479
19Section
479. 77.54 (54) of the statutes is amended to read:
SB62,211,2420
77.54
(54) The
gross receipts sales price from the sale of and the storage, use,
21or other consumption of tangible personal property
, and items, property, and goods
22under s. 77.52 (1) (b), (c), and (d), and taxable services that are sold by a home
23exchange service that receives moneys from the appropriation account under s.
2420.485 (1) (g) and is operated by the department of veterans affairs.
SB62,212,93
77.54
(56) (a) The
gross receipts
sales price from the sale of and the storage,
4use, or other consumption of a product whose power source is wind energy, direct
5radiant energy received from the sun, or gas generated from anaerobic digestion of
6animal manure and other agricultural waste, if the product produces at least 200
7watts of alternating current or 600 British thermal units per day, except that the
8exemption under this subsection does not apply to an uninterruptible power source
9that is designed primarily for computers.
SB62,212,1310
(b) Except for the sale of electricity or energy that is exempt from taxation
11under sub. (30), the
gross receipts sales price from the sale of and the storage, use,
12or other consumption of electricity or energy produced by a product described under
13par. (a).
SB62, s. 481
14Section
481. 77.55 (1) (intro.) of the statutes is amended to read:
SB62,212,1715
77.55
(1) (intro.) There
are is exempted from the computation of the amount
16of the sales tax the
gross receipts sales price from the sale of any tangible personal
17property
, or items, property, or goods under s. 77.52 (1) (b), (c), and (d), or services to:
SB62, s. 482
18Section
482. 77.55 (2) of the statutes is amended to read:
SB62,213,219
77.55
(2) There
are is exempted from the computation of the amount of the sales
20tax the
gross receipts sales price from sales of tangible personal property
, and items,
21property, and goods under s. 77.52 (1) (b), (c), and (d), to a common or contract carrier,
22shipped by the seller via the purchasing carrier under a bill of lading whether the
23freight is paid in advance, or the shipment is made freight charges collect, to a point
24outside this state and the property
, item, or good is actually transported to the
1out-of-state destination for use by the carrier in the conduct of its business as a
2carrier.
SB62, s. 483
3Section
483. 77.55 (2m) of the statutes is amended to read:
SB62,213,124
77.55
(2m) There
are is exempted from the computation of the amount of sales
5tax the
gross receipts sales price from sales of railroad crossties to a common or
6contract carrier, shipped wholly or in part by way of the purchasing carrier under a
7bill of lading, whether the freight is paid in advance or the shipment is made freight
8charges collect, to a point outside this state if the property is transported to the
9out-of-state destination for use by the carrier in the conduct of its business as a
10carrier. Interruption of the shipment for storage, drying, processing or creosoting of
11the railroad crossties in this state does not invalidate the exemption under this
12subsection.
SB62, s. 484
13Section
484. 77.55 (3) of the statutes is amended to read:
SB62,213,2014
77.55
(3) There
are is exempted from the computation of the amount of the sales
15tax the
gross receipts sales price from sales of tangible personal property
, and items,
16property, and goods under s. 77.52 (1) (b), (c), and (d), purchased for use solely outside
17this state and delivered to a forwarding agent, export packer, or other person
18engaged in the business of preparing goods for export or arranging for their
19exportation, and actually delivered to a port outside the continental limits of the
20United States prior to making any use thereof.
SB62, s. 485
21Section
485. 77.56 (1) of the statutes is amended to read:
SB62,213,2522
77.56
(1) The storage, use or other consumption in this state of property,
23including items, property, and goods under s. 77.52 (1) (b), (c), and (d), the
gross
24receipts sales price from the sale of which
are is reported to the department in the
25measure of the sales tax, is exempted from the use tax.
SB62, s. 486
1Section
486. 77.57 of the statutes is amended to read:
SB62,214,13
277.57 Liability of purchaser. If a purchaser certifies in writing to a seller
3that the
tangible personal property
or items, property, or goods under s. 77.52 (1) (b),
4(c), or (d) purchased will be used in a manner or for a purpose entitling the seller to
5regard the
gross receipts sales price from the sale as exempted by this subchapter
6from the computation of the amount of the sales tax and uses the property
or items,
7property, or goods under s. 77.52 (1) (b), (c), or (d) in some other manner or for some
8other purpose, the purchaser is liable for payment of the sales tax. The tax shall be
9measured by the sales price of the property
or items, property, or goods under s. 77.52
10(1) (b), (c), or (d) to the purchaser
, but if the taxable use first occurs more than 6
11months after the sale to the purchaser, the purchaser may use as the measure of the
12tax either that sales price or the fair market value of the property at the time the
13taxable use first occurs.
SB62, s. 487
14Section
487. 77.58 (3) (a) of the statutes is amended to read:
SB62,215,215
77.58
(3) (a) For purposes of the sales tax a return shall be filed by every seller.
16For purposes of the use tax a return shall be filed by every retailer engaged in
17business in this state and by every person purchasing tangible personal property
, or
18items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services, the storage, use
, 19or other consumption of which is subject to the use tax, who has not paid the use tax
20due to a retailer required to collect the tax. If a qualified subchapter S subsidiary
21is not regarded as a separate entity under ch. 71, the owner of that subsidiary shall
22include the information for that subsidiary on the owner's return. Returns shall be
23signed by the person required to file the return or by a duly authorized agent but need
24not be verified by oath. If a single-owner entity is disregarded as a separate entity
1under ch. 71, the owner shall include the information from the entity on the owner's
2return.
SB62, s. 488
3Section
488. 77.58 (3) (b) of the statutes is amended to read:
SB62,215,144
77.58
(3) (b)
For purposes of the sales tax the return shall show the gross
5receipts of the seller during the preceding reporting period. For purposes of the use
6tax, in case of a return filed by a retailer, the return shall show the total sales price
7of the property or taxable services sold, the storage, use or consumption of which
8became subject to the use tax during the preceding reporting period. In case of a sales
9or use tax return filed by a purchaser, the return shall show the total sales price of
10the property and taxable services purchased, the storage, use or consumption of
11which became subject to the use tax during the preceding reporting period. The
12return shall
also show the amount of the taxes for the period covered by the return
13and such other information as the department deems necessary for the proper
14administration of this subchapter.
SB62, s. 489
15Section
489. 77.58 (6) of the statutes is amended to read:
SB62,215,1916
77.58
(6) For the purposes of the sales tax
gross receipts, the sales price from
17rentals or leases of tangible personal property
or items, property, or goods under s.
1877.52 (1) (b), (c), or (d) shall be reported and the tax paid in accordance with such rules
19as the department prescribes.
SB62, s. 490
20Section
490. 77.58 (6m) of the statutes is created to read:
SB62,215,2321
77.58
(6m) (a) The department may, in cases where it is satisfied that an undue
22hardship would otherwise result, permit the reporting of a sales price or purchase
23price on some basis other than the accrual basis.
SB62,216,224
(b) The entire sales price of credit transactions shall be reported in the period
25in which the sale is made without reduction in the amount of tax payable by the
1retailer by reason of the retailer's transfer at a discount of any open account, note,
2conditional sales contract, lease contract, or other evidence of indebtedness.
SB62, s. 491
3Section
491. 77.58 (9a) of the statutes is created to read:
SB62,216,94
77.58
(9a) In addition to filing a return as provided in this section, a person
5described under s. 77.524 (3), (4), or (5) shall provide to the department any
6information that the department considers necessary for the administration of this
7subchapter, in the manner prescribed by the department, except that the
8department may not require that the person provide such information to the
9department more than once every 180 days.
SB62, s. 492
10Section
492. 77.585 of the statutes is created to read:
SB62,216,19
1177.585 Return adjustments. (1) (a) In this subsection, "bad debt" means the
12portion of the sales price or purchase price that the seller has reported as taxable
13under this subchapter and that the seller may claim as a deduction under section
166 14of the Internal Revenue Code. "Bad debt" does not include financing charges or
15interest, sales or use taxes imposed on the sales price or purchase price, uncollectible
16amounts on tangible personal property or items, property, or goods under s. 77.52 (1)
17(b), (c), or (d) that remain in the seller's possession until the full sales price or
18purchase price is paid, expenses incurred in attempting to collect any debt, debts sold
19or assigned to 3rd parties for collection, and repossessed property or items.
SB62,217,620
(b) A seller may claim as a deduction on a return under s. 77.58 the amount of
21any bad debt that the seller writes off as uncollectible in the seller's books and records
22and that is eligible to be deducted as a bad debt for federal income tax purposes,
23regardless of whether the seller is required to file a federal income tax return. A
24seller who claims a deduction under this paragraph shall claim the deduction on the
25return under s. 77.58 that is submitted for the period in which the seller writes off
1the amount of the deduction as uncollectible in the seller's books and records and in
2which such amount is eligible to be deducted as bad debt for federal income tax
3purposes. If the seller subsequently collects in whole or in part any bad debt for
4which a deduction is claimed under this paragraph, the seller shall include the
5amount collected in the return filed for the period in which the amount is collected
6and shall pay the tax with the return.
SB62,217,137
(c) For purposes of computing a bad debt deduction or reporting a payment
8received on a previously claimed bad debt, any payment made on a debt or on an
9account is applied first to the price of the tangible personal property, or items,
10property, or goods under s. 77.52 (1) (b), (c), or (d), or service sold, and the
11proportionate share of the sales tax on that property, or items, property, or goods
12under s. 77.52 (1) (b), (c), or (d), or service, and then to interest, service charges, and
13other charges related to the sale.
SB62,217,1914
(d) A seller may obtain a refund of the tax collected on any bad debt amount
15deducted under par. (b) that exceeds the amount of the seller's taxable sales as
16provided under s. 77.59 (4), except that the period for making a claim as determined
17under s. 77.59 (4) begins on the date on which the return on which the bad debt could
18be claimed would have been required to be submitted to the department under s.
1977.58.
SB62,217,2520
(e) If a seller is using a certified service provider, the certified service provider
21may claim a bad debt deduction under this subsection on the seller's behalf if the
22seller has not claimed and will not claim the same deduction. A certified service
23provider who receives a bad debt deduction under this subsection shall credit that
24deduction to the seller and a certified service provider who receives a refund under
25this subsection shall submit that refund to the seller.
SB62,218,6
1(f) If a bad debt relates to the retail sales of tangible personal property, or items,
2property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable services that were
3sourced to this state and to one or more other states, as determined under s. 77.522,
4the total amount of such bad debt shall be apportioned among the states to which the
5underlying sales were sourced in a manner prescribed by the department to arrive
6at the amount of the deduction under par. (b).
SB62,218,13
7(2) If a lessor of tangible personal property or items, property, or goods under
8s. 77.52 (1) (b), (c), or (d) has reimbursed the vendor for the sales tax on the sale of
9the property, items, or goods by the vendor to the lessor, the tax due from the lessor
10on the rental receipts may be offset by a credit equal to the tax otherwise due on the
11rental receipts from the property, items, or goods for the reporting period. The credit
12shall expire when the cumulative rental receipts equal the sales price upon which
13the vendor paid sales taxes to this state.
SB62,218,19
14(3) If a purchaser of tangible personal property or items, property, or goods
15under s. 77.52 (1) (b), (c), or (d) has reimbursed the vendor of the property, items, or
16goods for the sales tax on the sale and subsequently, before making any use of the
17property, items, or goods other than retention, demonstration, or display while
18holding it for sale or rental, makes a taxable sale of the property, items, or goods the
19tax due on the taxable sale may be offset by the tax reimbursed.
SB62,219,3
20(4) A seller may claim a deduction on any part of the sales price or purchase
21price that the seller refunds in cash or credit as a result of returned tangible personal
22property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) or adjustments
23in the sales price or purchase price after the sale has been completed, if the seller has
24included the refunded price in a prior return made by the seller and has paid the tax
25on such price, and if the seller has returned to the purchaser in cash or in credit all
1tax previously paid by the purchaser on the amount of the refund at the time of the
2purchase. A deduction under this subsection shall be claimed on the return for the
3period in which the refund is paid.
SB62,219,8
4(5) No reduction in the amount of tax payable by the retailer is allowable in the
5event that tangible personal property or items, property, or goods under s. 77.52 (1)
6(b), (c), or (d) sold on credit are repossessed except where the entire consideration
7paid by the purchaser is refunded to the purchaser or where a credit for a worthless
8account is allowable under sub. (1).
SB62,219,12
9(6) A purchaser who is subject to the use tax on the storage, use, or other
10consumption of fuel may claim a deduction from the purchase price that is subject
11to the use tax for fuel taxes refunded by this state or the United States to the
12purchaser that is included in the purchase price of the fuel.
SB62,219,16
13(7) For sales tax purposes, if a retailer establishes to the department's
14satisfaction that the sales tax has been added to the total amount of the sales price
15and has not been absorbed by the retailer, the total amount of the sales price shall
16be the amount received exclusive of the sales tax imposed.
SB62,219,22
17(8) A sale or purchase involving transfer of ownership of tangible personal
18property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) is completed at
19the time when possession is transferred by the seller or the seller's agent to the
20purchaser or the purchaser's agent, except that for purposes of sub. (1) a common
21carrier or the U.S. postal service shall be considered the agent of the seller, regardless
22of any f.o.b. point and regardless of the method by which freight or postage is paid.
SB62, s. 493
23Section
493. 77.59 (2m) of the statutes is created to read:
SB62,220,3
177.59
(2m) The department may audit, or may authorize others to audit, sellers
2and certified service providers who are registered with the department pursuant to
3the agreement, as defined in s. 77.65 (2) (a).
SB62, s. 494
4Section
494. 77.59 (5m) of the statutes is amended to read:
SB62,220,235
77.59
(5m) A seller who receives a refund under sub. (4) (a) or (b) of taxes that
6the seller has collected from buyers, who collects amounts as taxes erroneously from
7buyers, but who does not remit such amounts to the state, or who is entitled to a
8refund under sub. (4) (a) or (b) that is offset under sub. (5), shall submit the taxes and
9related interest to the buyers from whom the taxes were collected, or to the
10department if the seller cannot locate the buyers, within 90 days after the date of the
11refund, after the date of the offset, or after discovering that the seller has collected
12taxes erroneously from the buyers. If the seller does not submit the taxes and related
13interest to the department or the buyers within that period, the seller shall submit
14to the department any part of a refund or taxes that the seller does not submit to a
15buyer or to the department along with a penalty of 25% of the amount not submitted
16or, in the case of fraud, a penalty equal to the amount not submitted. A person who
17collects amounts as taxes erroneously from buyers for a real property construction
18activity or nontaxable service may reduce the taxes and interest that he or she is
19required to submit to the buyer or to the department under this subsection for that
20activity or service by the amount of tax and interest subsequently due and paid on
21the sale of or the storage, use, or other consumption of tangible personal property
, or
22items, property, or goods under s. 77.52 (1) (b), (c), or (d) that
is are used by the person
23in that activity or service and transferred to the buyer.
SB62, s. 495
24Section
495. 77.59 (9) of the statutes is amended to read:
SB62,221,14
177.59
(9) If any person fails to file a return, the department shall make an
2estimate of the amount of the
gross receipts sales price of the
person person's sales,
3or, as the case may be, of the amount of the total
sales purchase price of tangible
4personal property
, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
5taxable service sold or purchased by the person, the sale by or the storage, use
, or
6other consumption of which in this state is subject to sales or use tax. The estimate
7shall be made for the period in respect to which the person failed to make a return
8and shall be based upon any information which is in the department's possession or
9may come into its possession. Upon the basis of this estimate the department shall
10compute and determine the amount required to be paid to the state, adding to the
11sum thus arrived at a penalty equal to 25% thereof. One or more such determinations
12may be made for one or for more than one period. When a business is discontinued
13a determination may be made at any time thereafter, within the periods specified in
14sub. (3), as to liability arising out of that business.
SB62, s. 496
15Section
496. 77.59 (9n) of the statutes is created to read:
SB62,221,2016
77.59
(9n) (a) Notwithstanding s. 73.03 (47), and except as provided in par. (b),
17no seller or certified service provider is liable for tax, interest, or penalties imposed
18on a transaction under this subchapter if the seller or certified service provider
19charged and collected the incorrect amount of the sales or use tax as a result of
20relying on erroneous data provided in the databases under s. 73.03 (61) (e) and (f).
SB62,222,821
(b) Notwithstanding s. 73.03 (47), no seller or certified service provider is liable
22for the tax, interest, or penalties imposed on a transaction under this subchapter if
23the seller or certified service provider failed to collect the sales and use taxes due on
24an item or transaction because the seller or certified service provider relied on the
25certification under s. 73.03 (61) (b). This paragraph does not apply to a seller or
1certified service provider who has incorrectly classified an item or transaction into
2a specific product category, unless such classification was approved by the states that
3are signatories to the agreement, as defined in s. 77.65 (2) (a). If the state determines
4that it has incorrectly classified an item or transaction, sellers and certified service
5providers that do not revise the classification of the item or transaction within 10
6days after receiving notice from the department that an item or transaction was
7incorrectly classified are liable for the tax, interest, or penalties imposed on the item
8or transaction for the incorrect classification after the 10-day period.
SB62,222,189
(c) A purchaser is not liable for the tax, interest, or penalties imposed on a
10transaction under this subchapter if the seller or certified service provider from
11whom the purchaser made the purchase relied on erroneous data provided in the
12databases under s. 73.03 (61) (e) and (f) or if the purchaser relied on erroneous data
13provided in the databases under s. 73.03 (61) (e) and (f). With respect to reliance on
14the database provided under s. 73.03 (61) (e), the relief provided under this
15paragraph is limited to the erroneous classification in the database of terms defined
16in this subchapter and specifically identified in the database as being "taxable,"
17"exempt," "included in sales price" or "excluded from sales price," or "included in the
18definition" or "excluded from the definition."
SB62, s. 497
19Section
497. 77.59 (9p) (b) of the statutes is created to read:
SB62,223,1420
77.59
(9p) (b) If a customer purchases a service that is not subject to
4 USC 116 21to
126, as amended by P.L.
106-252, tangible personal property, or items, property,
22or goods under s. 77.52 (1) (b), (c), or (d), and if the customer believes that the amount
23of the tax assessed for the sale of the service, property, items, or goods under this
24subchapter is erroneous, the customer may request that the seller correct the alleged
25error by sending a written notice to the seller. The notice shall include a description
1of the alleged error and any other information that the seller reasonably requires to
2process the request. Within 60 days from the date that a seller receives a request
3under this paragraph, the seller shall review its records to determine the validity of
4the customer's claim. If the review indicates that there is no error as alleged, the
5seller shall explain the findings of the review in writing to the customer. If the review
6indicates that there is an error as alleged, the seller shall correct the error and shall
7refund the amount of any tax collected erroneously, along with the related interest,
8as a result of the error from the customer, consistent with s. 77.59 (4). A customer
9may take no other action against the seller, or commence any action against the
10seller, to correct an alleged error in the amount of the tax assessed under this
11subchapter on a service that is not subject to
4 USC 116 to
126, as amended by P.L.
12106-252, tangible personal property, or items, property, or goods under s. 77.52 (1)
13(b), (c), or (d) unless the customer has exhausted his or her remedies under this
14paragraph.
SB62, s. 498
15Section
498. 77.59 (9r) of the statutes is created to read:
SB62,223,2116
77.59
(9r) With regard to a purchaser's request for a refund under this section,
17a seller is presumed to have reasonable business practices if the seller uses a certified
18service provider, a certified automated system, as defined in s. 77.524 (1) (am), or a
19proprietary system certified by the department to collect the taxes imposed under
20this subchapter and if the seller has remitted to the department all taxes collected
21under this subchapter, less any deductions, credits, or allowances.
SB62, s. 499
22Section
499. 77.60 (13) of the statutes is created to read:
SB62,224,323
77.60
(13) A person who uses any of the following documents in a manner that
24is prohibited by or inconsistent with this subchapter, or provides incorrect
25information to a seller or certified service provider related to the use of such
1documents or regarding an exemption to the taxes imposed under this subchapter,
2shall pay a penalty of $250 for each invoice or bill of sale related to the prohibited or
3inconsistent use or incorrect information:
SB62,224,44
(a) An exemption certificate described under ss. 77.52 (13) and 77.53 (10).
SB62,224,55
(b) A direct pay permit under s. 77.52 (17m).
SB62,224,66
(c) An exemption certificate claiming direct mail.
SB62, s. 500
7Section
500. 77.61 (1) (b) of the statutes is amended to read:
SB62,224,128
77.61
(1) (b) In the case of
a motor vehicle motor vehicles, boats, snowmobiles,
9recreational vehicles, as defined in s. 340.01 (48r), trailers, semitrailers, all-terrain
10vehicles, or aircraft purchased from a
licensed Wisconsin motor vehicle dealer 11retailer, the registrant shall present proof that the tax has been paid to such
dealer 12retailer.