Tax 11.09 History History: Cr. Register, September, 1977, No. 261, eff. 10-1-77; r. (3) (g), Register, September, 1984, No. 345, eff. 10-1-84; am. (4) (d) and (6), Register, July, 1987, No. 379, eff. 8-1-87; am. (5) (b), Register, June, 1990, No. 414, eff. 7-1-90; am. (2) (c), (3) (c) and (4) (a), Register, March, 1991, No. 423, eff. 4-1-91; am. (1), (4) (e), cr. (4) (f), r. (6), Register, May, 1999, No. 521, eff. 6-1-99; EmR0924: emerg. r. and recr. (title), (1), (2) and (3), am. (4) (title), (intro), (a) to (d), (f), (5) (title), (intro.) and (b), eff. 10-1-09; CR 09-090: r. and recr. (title), (1), (2) and (3), am. (4) (title), (intro), (a) to (d), (f), (5) (title), (intro.) and (b) Register May 2010 No. 653, eff. 6-1-10; CR 10-094: am. (1) (b), renum. (2) to be (2) (intro.) and am., cr. (2) (a) to (zj) Register November 2010 No. 659, eff. 12-1-10.
Tax 11.10 Tax 11.10 Wind, solar, and certain gas powered products.
Tax 11.10(1)(1)General. Section 77.54 (56), Stats., provides a sales and use tax exemption for the following:
Tax 11.10(1)(a) (a) The sales price from the sale of and the storage, use, or other consumption of a product whose power source is wind energy, direct radiant energy received from the sun, or gas generated from anaerobic digestion of animal manure and other agricultural waste, if the product produces at least 200 watts of alternating current or 600 British thermal units per day, except that the exemption does not apply to an uninterruptible power source that is designed primarily for computers.
Tax 11.10(1)(b) (b) Except for the sale of electricity or energy that is exempt from taxation under s. 77.54 (30), Stats., the sales price from the sale of and the storage, use, or other consumption of electricity or energy produced by a product described in par. (a).
Tax 11.10(2) (2)Definitions. In this section and in s. 77.54 (56), Stats.:
Tax 11.10(2)(a) (a) “Agricultural waste" means a byproduct of farming.
Tax 11.10(2)(b) (b) “Farming" has the meaning given in s. Tax 11.12 (2) (f), except “farming" includes holding livestock in a feed lot for less than 30 days.
Tax 11.10(2)(c) (c) “Feed lot" has the meaning given in s. Tax 11.12 (2) (g).
Tax 11.10(2)(d) (d) “Gas" means a fuel that is comprised primarily of methane and exists in a gaseous state at normal room temperature and pressure.
Tax 11.10(2)(e) (e) “Product" means tangible personal property that converts wind energy, direct radiant energy received from the sun, or gas generated from the anaerobic digestion of animal manure and other agricultural waste into alternating current electricity or heat.
Tax 11.10(3) (3)Items which are products. Product, as defined in sub. (2) (e), includes the following items:
Tax 11.10(3)(a) (a) Wind turbine generators, including blade assembly and tower.
Tax 11.10(3)(b) (b) Gas powered electric generators.
Tax 11.10(3)(c) (c) Gas fueled furnaces, space heaters, and water heaters.
Tax 11.10(3)(d) (d) Photovoltaic cells, modules, and arrays, including tracking equipment that maintains optimal orientation to the sun.
Tax 11.10(3)(e) (e) Solar thermal collectors.
Tax 11.10(3)(f) (f) Inverters used to transform direct current produced by an item described in sub. (2) into alternating current, including property used to convey the direct current from the product to the inverter.
Tax 11.10(3)(g) (g) Hardware required for installation of an item described in pars. (a) to (f).
Tax 11.10(4) (4)Items which are not products. Product, as defined in sub. (2) (e), excludes the following items:
Tax 11.10(4)(a) (a) Tangible personal property that consumes electricity or heat produced by an item described in sub. (2) (e).
Tax 11.10 Note Example: A refrigerator that consumes electricity produced by a wind turbine generator is not itself a product whose power source is wind energy.
Tax 11.10(4)(b) (b) A foundation for an item described in sub. (2) (e).
Tax 11.10 Note Example: A solar tracking device that holds an array of photovoltaic cells is installed onto a concrete foundation. The concrete foundation is not a product whose power source is direct radiant energy received from the sun.
Tax 11.10(4)(c) (c) Except as provided in sub. (3) (f), property necessary to convey, transfer, or alter electricity or heat generated by an item described in sub. (2) (e).
Tax 11.10(4)(d) (d) Tangible personal property used to store electricity or heat produced by an item described in sub. (2) (e).
Tax 11.10 Note Examples: 1) A tank that stores hot water heated by a solar collector is not itself a product whose power source is direct radiant energy received from the sun.
Tax 11.10 Note 2) Batteries used to store electricity produced by a wind turbine generator or photovoltaic cells are not themselves products whose power source is wind energy or direct radiant energy received from the sun.
Tax 11.10(5) (5)Exemption for products.
Tax 11.10(5)(a) (a) For purposes of the exemption under sub. (1) (a), a product that produces direct current shall be considered to produce alternating current if the direct current is modified to alternating current prior to the direct current being stored, used, consumed, or sold by the producer.
Tax 11.10 Note Examples: 1) An array of photovoltaic cells produces direct current. All of the current produced by the array is transferred directly to an inverter. The alternating current from the inverter is then either used to power equipment or it is sold to a utility. The photovoltaic array is considered to meet the requirement that it be a product that produces alternating current.
Tax 11.10 Note 2) A wind turbine generator produces direct current. The current is used to charge batteries. When needed, the batteries supply direct current to an inverter, producing alternating current used to power various devices. The direct current generator does not qualify for exemption since the direct current is being stored by the producer prior to changing it to alternating current.
Tax 11.10(5)(b) (b) In order to qualify for the exemption under sub. (1) (a), a product using gas as a power source shall use gas from the anaerobic digestion of animal manure and other agricultural waste exclusively as its power source. A product that uses other fuels such as natural gas, propane, or gas generated from a landfill does not qualify for exemption.
Tax 11.10(5)(c) (c) Products that qualify for the exemption under sub. (1) (a) include the following:
Tax 11.10(5)(c)1. 1. An alternating current wind turbine generator rated by the manufacturer to produce at least 200 watts of alternating current with a wind speed of 25 miles per hour.
Tax 11.10(5)(c)2. 2. A direct current wind turbine generator that is rated by the manufacturer to produce at least 250 watts of direct current at a wind speed of 25 miles per hour and produces alternating current as described in par. (a).
Tax 11.10 Note Example: A direct current wind turbine generator is rated by the manufacturer to produce at least 250 watts of direct current with a wind speed of 25 miles per hour. The generator is connected to an inverter that modifies the direct current to alternating current prior to the direct current being stored, used, consumed, or sold by the producer. The generator, inverter, and the property used to convey the direct current from the generator to the inverter qualify for exemption.
Tax 11.10(5)(c)3. 3. A direct current wind turbine generator that produces alternating current as described in par. (a) of at least 200 watts as measured at the inverter under normal operating conditions with a wind speed of no more than 25 miles per hour.
Tax 11.10(5)(c)4. 4. A solar thermal collector with an output rating of at least 600 British thermal units per day, as determined by the Solar Rating and Certification Corporation, that is normally in service every day throughout the year.
Tax 11.10(5)(c)5. 5. A photovoltaic cell, module, or array with a standard test condition output rating of at least 250 watts of direct current that produces alternating current as described in par. (a).
Tax 11.10(5)(c)6. 6. A direct current gas powered generator that meets the requirement in par. (b) and produces alternating current as described in par. (a) of at least 200 watts as measured at the inverter when producing direct current under its normal operating conditions.
Tax 11.10(5)(c)7. 7. A gas fueled furnace, space heater, or water heater that meets the requirement in par. (b) and can be expected to consume gas in an amount equivalent to at least 600 British thermal units per day throughout the year.
Tax 11.10 Note Example: Gas generated by the anaerobic digestion of animal manure or agricultural waste is used solely as the power source for a space heater and a water heater. Both products, when in use, produce over 600 British thermal units per day. The water heater is used every day of the year while the space heater is used only during the months of October through April. The water heater qualifies for exemption; the space heater does not.
Tax 11.10(5)(d) (d) The exemption under sub. (1) (a) may be claimed by the consumer of the product who purchases the product as tangible personal property. A contractor who will purchase, furnish, and install a product which will become real property when installed is the consumer of the product, and may provide its supplier with a properly completed exemption certificate, claiming the product is exempt under s. 77.54 (56), Stats. A contractor who will furnish and install a product that will remain tangible personal property when installed may purchase a product without tax for resale. The purchaser may then issue the contractor an exemption certificate, claiming the product is exempt under s. 77.54 (56) (a), Stats.
Tax 11.10 Note Note: See s. Tax 11.68 (4), (5), and (6) for information on the determination of the classification of property after installation.
Tax 11.10(6) (6)Exemption for energy produced by a product.
Tax 11.10(6)(a)(a) The exemption under sub. (1) (b) applies to a direct sale from the producer of electricity or energy to the consumer of the same electricity or energy where all of the following apply:
Tax 11.10(6)(a)1. 1. The electricity or energy is produced by a product that qualifies for exemption under sub. (1) (a).
Tax 11.10(6)(a)2. 2. The sale does not qualify for exemption under s. 77.54 (30), Stats.
Tax 11.10 Note Note: Section 77.54 (30) (a), Stats., includes an exemption for electricity sold from November through April for residential use, fuel and electricity sold for use in farming, and fuel and electricity consumed in manufacturing tangible personal property in Wisconsin.
Tax 11.10(6)(b) (b) The exemption under sub. (1) (b) does not apply to electricity or energy which is first purchased for resale from the producer and is then sold in a subsequent retail sale, unless the person making the retail sale is able to account for the quantity of electricity or energy that qualifies for exemption under s. 77.54 (56) (b), Stats., and is able to identify the person to whom such electricity or heat is sold.
Tax 11.10 Note Example: Electricity that would otherwise qualify for exemption under s. 77.54 (56) (b), Stats., is commingled in a distribution network with electricity that is not produced by a product whose power source is wind energy, direct radiant energy received from the sun, or gas generated from anaerobic digestion of animal manure and other agricultural wastes. It is not possible to determine to whom, or in what amount, the electricity that qualifies for exemption is sold. A purchaser of this electricity will not be able to provide an exemption certificate to a utility and properly claim what portion of the electricity it has purchased is exempt pursuant to s. 77.54 (56) (b), Stats., nor is it possible for a utility to know what portion of the electricity purchased by the consumer was from eligible sources.
Tax 11.10(6)(c) (c) The exemption under sub. (1) (b) does not apply to the sale of, or the storage, use or other consumption of gas produced by the anaerobic digestion of animal manure or other agricultural wastes unless such gas is produced by a product described in sub. (1) (a).
Tax 11.10 History History: EmR1110: emerg. cr., eff. 6-29-11; CR 11-052: cr. Register July 2012 No. 679, eff. 8-1-12.
Tax 11.11 Tax 11.11 Utility, industrial and governmental waste treatment facilities.
Tax 11.11(1)(1)General. Section 77.54 (26), Stats., provides a sales and use tax exemption for tangible personal property and items and property under s. 77.52 (1) (b) and (c), Stats., which becomes a component part of certain waste treatment facilities.
Tax 11.11(2) (2)Utility waste treatment exemption. If a utility waste treatment facility that is taxed under ch. 76, Stats., qualifies for property tax exemption under s. 76.025 (1), Stats., as approved by the department, it qualifies for the sales and use tax exemption under s. 77.54 (26), Stats.
Tax 11.11 Note Note: Refer to s. Tax 6.40 for information on how to request approvals for property tax exemption for utility waste treatment facilities. For more information regarding exemptions for waste treatment facilities owned by a utility, including railroads, airlines, and pipelines, approved by the department, write to Wisconsin Department of Revenue, Manufacturing and Utility Section, PO Box 8971, Madison WI 53708-8971; telephone (608) 266-8162; send an e-mail to utility@revenue.wi.gov; or access the department's internet web site at http://www.revenue.wi.gov/contact/slfbmta.html.
Tax 11.11(2m) (2m)Industrial waste treatment exemption.
Tax 11.11(2m)(a)(a) An industrial waste treatment facility is any property purchased or constructed as a waste treatment facility used exclusively and directly to remove, store, or cause a physical or chemical change in industrial waste or air contaminants for the purpose of abating or eliminating pollution of surface waters, the air, or waters of the state if that property is not used to grow agricultural products for sale. In this paragraph, “used exclusively" means to the exclusion of all other uses except:
Tax 11.11(2m)(a)1. 1. For other use not exceeding 5% of total use.
Tax 11.11(2m)(a)2. 2. To produce heat or steam for a manufacturing process, if the fuel consists of either 95% or more industrial waste that would otherwise be considered superfluous, discarded, or fugitive material or 50 percent or more of wood chips, sawdust, or other wood residue from the paper and wood products manufacturing process, if the wood chips, sawdust, or other wood residue would otherwise be considered superfluous, discarded, or fugitive material.
Tax 11.11(2m)(b) (b) Tangible personal property and items and property under s. 77.52 (1) (b) and (c), Stats., becoming a component part of an industrial waste treatment facility is exempt from the sales and use tax under s. 77.54 (26), Stats., if the facility qualifies for property tax exemption under s. 70.11 (21), Stats.
Tax 11.11 Note Note: For information regarding the property tax exemption for industrial waste treatment facilities of manufacturers write or call the district office of the Wisconsin Department of Revenue, Bureau of Manufacturing and Telco Assessments. To locate the district office, write or call Wisconsin Department of Revenue, Bureau of Manufacturing and Telco Assessment, PO Box 8971, Madison WI 53708-8971; telephone (608) 266-1147. The web site is http://www.revenue.wi.gov/contact/slfbmta.html. To ascertain whether a non-manufacturing property would be exempt under s. 70.11 (21), Stats., owners may refer to the Wisconsin Property Assessment Manual or contact the local property tax assessor.
Tax 11.11(3) (3)Municipal waste treatment exemption. Tangible personal property and items and property under s. 77.52 (1) (b) and (c), Stats., which become a component or ingredient part of municipal facilities that treat waste qualifies for exemption from Wisconsin sales and use tax under s. 77.54 (26), Stats. Municipal facilities that treat waste include:
Tax 11.11(3)(a) (a) Wastewater treatment facility.
Tax 11.11(3)(a)1.1. Only the central waste treatment plant which actually treats the sewage qualifies for the exemption.
Tax 11.11(3)(a)2. 2. Storm sewers, water supply systems and private domestic waste water facilities do not qualify for the sales and use tax exemption.
Tax 11.11(3)(a)3. 3. The collection system throughout the area served by the treatment facility, the effluent pipeline carrying the treated sewage away from the central treatment plant, earthen dikes, and chain link fences on the boundary of a treatment plant, and dredge material disposal sites are not exempt. The collection systems includes the lift stations, force mains, and associated pumping equipment used to bring the raw sewage to the central treatment plant.
Tax 11.11(3)(b) (b) Material recovery facility.
Tax 11.11(3)(b)1.1. A facility constructed by a municipality to meet mandates of ch. 287, Stats., regarding the reuse, recycling, and recovery of waste material to reduce the need for waste disposal is exempt if the activities include all of the following:
Tax 11.11(3)(b)1.a. a. Sorting recyclable materials delivered from municipalities.
Tax 11.11(3)(b)1.b. b. Processing recyclable materials which may include removing contaminants, baling paper, shredding paper, pelletizing plastics, and crushing glass.
Tax 11.11(3)(b)1.c. c. Storing processed recyclable materials for sale to others.
Tax 11.11(3)(b)2. 2. The exemption does not apply if the only activities performed are sorting and storing and no processing of the materials takes place.
Tax 11.11(3)(c) (c) Sanitary landfill. A sanitary landfill, including the treatment equipment, such as the collection and burner system, laboratory equipment, maintenance buildings, garages, office buildings, fences, and gates, qualifies for exemption.
Tax 11.11(3)(d) (d) Groundwater facilities.
Tax 11.11(3)(d)1.1. A municipal facility constructed to treat hazardous or contaminated groundwater, including oil and water separators, air strippers, aerators, blowers, filters, carbon units, controls, pumps, and thermal oxidizers, qualifies for exemption.
Tax 11.11(3)(d)2. 2. The collection system used to bring the hazardous or contaminated water to the facility and the distribution system used to carry the treated water away from the facility are not exempt.
Tax 11.11 Note Note: For more information regarding the exemption for municipal treatment facilities, write or call Wisconsin Department of Revenue, Bureau of Customer Service, Mail Stop 5-77, PO Box 8902, Madison WI 53708-8902, telephone (608) 266-2772. The web site is www.revenue.wi.gov.
Tax 11.11(4) (4)Repair, service and operation.
Tax 11.11(4)(a) (a) The repair, service, alteration, cleaning, painting, and maintenance of a utility waste treatment facility described in sub. (2), an industrial waste treatment facility described in sub. (2m), and a municipal waste treatment facility described in sub. (3) as well as the repair parts and replacement for those types of facilities are exempt from the sales and use tax.
Tax 11.11(4)(b) (b) Chemicals and supplies, including fuel and electricity, used or consumed in operating a utility waste treatment facility described in sub. (2), an industrial waste treatment facility described in sub. (2m) and a municipal waste treatment facility described in sub. (3) are exempt from the sales and use tax.
Tax 11.11(5) (5)Contractors and subcontractors.
Tax 11.11(5)(a) (a) Exempt purchases. The sales and use tax exemption extends to and includes the purchases of tangible personal property and items and property under s. 77.52 (1) (b) and (c), Stats., by a contractor-installer who incorporates the property into an approved utility waste treatment facility or who incorporates the property into an industrial waste treatment facility or a municipal waste treatment facility. The contractor-installer shall certify the intended exempt use of the item to each supplier in order to relieve the supplier of the duty of collecting and reporting the tax on the sales. Certification of exempt use shall be made on a Wisconsin sales and use tax exemption certificate, form S-211.
Tax 11.11 Note Note: Form S-211 may be obtained by writing or calling Wisconsin Department of Revenue, P.O. Box 8902, Madison, WI 53708-8902, telephone (608) 266-2776.
Tax 11.11(5)(b) (b) Taxable purchases. A contractor's purchases of items used or consumed in the performance of the construction contract, and which do not become a component part of the waste treatment facility, are subject to the tax. This includes industrial gases, form lumber, tunnel shields, and supplies used by a contractor during construction. Payments by a contractor for equipment purchased or leased to perform a construction job are also taxable.
Tax 11.11(5)(c) (c) Determining exemptions.
Tax 11.11(5)(c)1.1. `Utility property taxed under ch. 76, Stats.' A contractor or subcontractor may be liable for sales and use tax on a purchase of tangible personal property or items or property under s. 77.52 (1) (b) or (c), Stats., that becomes a component part of a utility waste treatment facility that has not been approved by the department for a property tax exemption under s. 76.025 (1), Stats.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.