SB163: Bill Text

SB163,7,1 q. Markers.

SB163,7,2 r. Notebooks.

SB163,7,4 s. Loose-leaf ruled notebook paper, copy paper, graph paper, tracing paper, manila paper, colored paper, poster board, and construction paper.

SB163,7,5 t. Pencil boxes and other school supply boxes.

SB163,7,6 u. Pencil sharpeners.

SB163,7,7 v. Pencils.

SB163,7,8 w. Pens.

SB163,7,9 x. Protractors.

SB163,7,10 y. Rulers.

SB163,7,11 z. Scissors.

SB163,7,12 za. Writing tablets.

SB163,7,17 11. “Sport or recreational equipment” means items designed for human use and worn in conjunction with an athletic or recreational activity. “Sport or recreational equipment” does not include items suitable for general use, clothing, clothing accessories or equipment, or protective equipment. “Sport or recreational equipment” includes:

SB163,7,18 a. Ballet and tap shoes.

SB163,7,19 b. Athletic shoes with cleats or spikes.

SB163,7,20 c. Gloves.

SB163,7,21 d. Goggles.

SB163,7,22 e. Hand and elbow guards.

SB163,7,23 f. Life preservers and vests.

SB163,7,24 g. Mouth guards.

SB163,7,25 h. Roller skates.

SB163,8,1 i. Ice skates.

SB163,8,2 j. Shin guards.

SB163,8,3 k. Shoulder pads.

SB163,8,4 L. Ski boots.

SB163,8,5 m. Waders.

SB163,8,6 n. Wetsuits and fins.

SB163,8,9 (b) For the 2-day period beginning on the first Saturday in August and ending on the following Sunday, the sales price from the sale of and the storage, use, or other consumption of the following:

SB163,8,10 1. Clothing, if the sales price of any single item is no more than $75.

SB163,8,12 2. A computer purchased by the consumer for the consumer's personal use, if the sales price of the computer is no more than $750.

SB163,8,14 3. School computer supplies purchased by the consumer for the consumer's personal use, if the sales price of any single item is no more than $250.

SB163,8,15 4. School supplies, if the sales price of any single item is no more than $75.

SB163,8,16 (c) The exemption under this subsection shall be administered as follows:

SB163,8,18 1. A sale of eligible property under a layaway sale qualifies for exemption if either of the following applies:

SB163,8,20 a. Final payment on a layaway order is made by, and the property is given to, the purchaser during the exemption period.

SB163,8,23 b. The purchaser selects the property and the retailer accepts the order for the item during the exemption period, for immediate delivery upon full payment, even if delivery is made after the exemption period.

SB163,9,3 2. The bundled transaction provisions under subs. (51) and (52) and ss. 77.51 (1f) and (3pf) and 77.52 (20), (21), (22), and (23) apply in the same manner during the exemption period under this subsection as they apply in other periods.

SB163,9,12 3. A discount by the seller reduces the sales price of the property and the discounted sales price determines whether the sales price is within the price threshold in par. (b). A coupon that reduces the sales price is treated as a discount if the seller is not reimbursed for the coupon amount by a 3rd party. If a discount applies to the total amount paid by a purchaser rather than to the sales price of a particular item and the purchaser has purchased both eligible property and taxable property, the seller shall allocate the discount based on the total sales prices of the taxable property compared to the total sales prices of all property sold in that same transaction.

SB163,9,15 4. Products that are normally sold as a single unit shall be sold in that manner and may not be divided into multiple units and sold as individual items in order to obtain the exemption under this subsection.

SB163,9,20 5. Eligible property that is purchased during the exemption period with the use of a rain check qualifies for the exemption regardless of when the rain check was issued. Items purchased after the exemption period with the use of a rain check are not eligible property under this subsection even if the rain check was issued during the exemption period.

SB163,9,22 6. The procedure for an exchange with regard to the exemption under this subsection is as follows:

SB163,9,24 a. If a purchaser purchases an item of eligible property during the exemption period, but later exchanges the item for a similar item of eligible property, even if different in size, color, or another feature, no additional tax is due even if the exchange is made after the exemption period.

SB163,10,6 b. If a purchaser purchases an item of eligible property during the exemption period, but after the exemption period has ended, the purchaser returns the item and receives credit on the purchase of a different item, the appropriate sales tax is due on the sale of the different item.

SB163,10,10 c. If a purchaser purchases an item of eligible property before the exemption period, but during the exemption period the purchaser returns the item and receives credit on the purchase of a different item of eligible property, no sales tax is due on the sale of the new item if the new item is purchased during the exemption period.

SB163,10,22 7. Delivery charges, including shipping, handling, and service charges, are part of the sales price of eligible property. For the purpose of determining the price threshold under par. (b), if all the property in a shipment qualifies as eligible property and the sales price for each item in the shipment is within the price threshold under par. (b), the shipment is considered a sale of eligible property and the seller does not have to allocate the delivery, handling, or service charge to determine if the price threshold under par. (b) is exceeded. If the shipment includes eligible property and taxable property, including an item of eligible property with a sales price in excess of the price threshold, the seller shall allocate the delivery, handling, and service charge by using one of the following methods and shall apply the tax to the percentage of the delivery, handling, and service charge allocated to the taxable property:

SB163,10,24 a. A percentage based on the total sales price of the taxable property compared to the total sales price of all property in the shipment.

SB163,11,2 b. A percentage based on the total weight of the taxable property compared to the total weight of all property in the shipment.

SB163,11,4 8. Eligible property qualifies for exemption under this subsection if either of the following applies:

SB163,11,6 a. The item is both delivered to and paid for by the customer during the exemption period.

SB163,11,15 b. The purchaser orders and pays for the item and the seller accepts the order during the exemption period for immediate shipment, even if delivery is made after the exemption period. For purposes of this subd. 8. b., the seller accepts an order when the seller has taken action to fill the order for immediate shipment. Actions to fill an order include placement of a date stamp on a mail order or assignment of an order number to a telephone order. For purposes of this subd. 8. b., an order is for immediate shipment when the customer does not request delayed shipment and regardless of whether the shipment is delayed because of a backlog of orders or because stock is currently unavailable, or on back order, by the seller.

SB163,11,20 9. For a 60-day period immediately after the exemption period under this subsection, when a purchaser returns an item that would qualify for the exemption, no credit for or refund of sales tax shall be given unless the purchaser provides a receipt or invoice that shows tax was paid or the seller has sufficient documentation to show that tax was paid on the specific item.

SB163,11,23 10. The time zone of the seller's location determines the authorized period for the exemption under this subsection when the retailer and purchaser are located in different time zones.

SB163,11,24 (d) This subsection does not apply in 2019 or in any year thereafter.

SB163,11,25 (End)