Amendment ASA1-AB100

AB100-ASA1,1083,17 76.91 (1) (b) Subtract from the amount under sub. (1) par. (a) the taxpayer's payment during that month of the tax under subch. IV.

AB100-ASA1, s. 2379e Section 2379e. 76.91 (2) of the statutes is created to read:

AB100-ASA1,1083,23 76.91 (2) If a person that is licensed by the federal communications commission to provide commercial mobile service in this state is a telephone company under s. 76.02 (9u), 1993 stats., on June 6, 1996, the calculation of the fee under this subchapter is limited to that person's activities as a provider of commercial mobile service in this state.

AB100-ASA1, s. 2379m Section 2379m. Chapter 77 (title) of the statutes is amended to read:

AB100-ASA1,1084,12 CHAPTER 77 TAXATION OF FOREST CROPLANDS; REAL ESTATE TRANSFER FEES; SALES AND USE TAXES; COUNTY AND SPECIAL DISTRICT SALES AND USE TAXES; MANAGED FOREST LAND; TEMPORARY RECYCLING SURCHARGE; LOCAL FOOD AND BEVERAGE TAX; LOCAL RENTAL CAR TAX; premier resort area taxes; STATE RENTAL VEHICLE fee; dry cleaning fees; tax on adult entertainment

AB100-ASA1, s. 1856 Section 1856. 77.51 (2) of the statutes is amended to read:

AB100-ASA1,1085,6 77.51 (2) "Contractors" and "subcontractors" are the consumers of tangible personal property used by them in real property construction activities and the sales and use tax applies to the sale of tangible personal property to them. In this subsection, "real property construction activities" include the fabrication of modular units designed and fabricated for a specific prefabricated building to be affixed to land at a particular location designated by the purchaser before the fabrication of the modules if the modular units will have a realty function and will become a permanent accession to the realty. A contractor engaged primarily in real property construction activities may use resale certificates only with respect to purchases of property which the contractor has sound reason to believe the contractor will sell to customers for whom the contractor will not perform real property construction activities involving the use of such property. In this subsection, "real property construction activities" means activities that occur at a site where tangible personal property that is applied or adapted to the use or purpose to which real property is devoted is affixed to that real property, if the intent of the person who affixes that property is to make a permanent accession to the real property. In this subsection, "real property construction activities" do not include affixing to real property tangible personal property that remains tangible personal property after it is affixed.

AB100-ASA1, s. 1857 Section 1857. 77.51 (3r) of the statutes is created to read:

AB100-ASA1,1085,11 77.51 (3r) "File" means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

AB100-ASA1, s. 1858 Section 1858. 77.51 (4) (b) 3. of the statutes is amended to read:

AB100-ASA1,1085,17 77.51 (4) (b) 3. In all transactions, except those to which subd. 7. applies, in which an article of tangible personal property is traded toward the purchase of an article of greater value, the gross receipts shall be only that portion of the purchase price represented by the difference between the full purchase price of the article of greater value and the amount allowed for the article traded.

AB100-ASA1, s. 1859 Section 1859. 77.51 (4) (b) 7. of the statutes is created to read:

AB100-ASA1,1085,24 77.51 (4) (b) 7. For the sale of a manufactured building, as defined in s. 101.71 (6); at the retailer's option, except that after a retailer chooses an option, the retailer may not use the other option for other sales without the department's written approval; either 35% of the gross receipts or an amount equal to the gross receipts minus the cost of the materials that become an ingredient or component part of the building.

AB100-ASA1, s. 2383m Section 2383m. 77.51 (10) of the statutes is amended to read:

AB100-ASA1,1086,8 77.51 (10) "Person" includes any natural person, firm, partnership, limited liability company, joint venture, joint stock company, association, public or private corporation, the United States, the state of Wisconsin, including any unit or division thereof, any county, city, village, town, municipal utility, municipal power district or other governmental unit, cooperative, estate, trust, receiver, executor, administrator, any other fiduciary, and any representative appointed by order of any court or otherwise acting on behalf of others. "Person" also includes the owner of a single-owner entity that is disregarded as a separate entity under ch. 71.

AB100-ASA1, s. 1860 Section 1860. 77.51 (15) (b) 4. of the statutes is amended to read:

AB100-ASA1,1086,14 77.51 (15) (b) 4. In all transactions, except those to which subd. 6. applies, in which an article of tangible personal property is traded toward the purchase of an article of greater value, the sales price shall be only that portion of the purchase price represented by the difference between the full purchase price of the article of greater value and the amount allowed for the article traded.

AB100-ASA1, s. 1861 Section 1861. 77.51 (15) (b) 6. of the statutes is created to read:

AB100-ASA1,1086,20 77.51 (15) (b) 6. For the sale of a manufactured building, as defined in s. 101.71 (6); at the retailer's option, except that after a retailer chooses an option, the retailer may not use the other option for other sales without the department's written approval; either 35% of the sales price or an amount equal to the sales price minus the cost of the materials that become an ingredient or component part of the building.

AB100-ASA1, s. 1862 Section 1862. 77.51 (17r) of the statutes is created to read:

AB100-ASA1,1086,23 77.51 (17r) "Sign" means write one's signature or, if the department prescribes another method of authenticating, use that other method.

AB100-ASA1, s. 2386g Section 2386g. 77.51 (18) (intro.) of the statutes is renumbered 77.51 (18) and amended to read:

AB100-ASA1,1087,3 77.51 (18) "Storage" includes any keeping or retention in this state of tangible personal property purchased from a retailer for any purpose except the following: sale in the regular course of business.

AB100-ASA1, s. 2386h Section 2386h. 77.51 (18) (a) and (b) of the statutes are repealed.

AB100-ASA1, s. 2386p Section 2386p. 77.51 (22) (a) of the statutes is amended to read:

AB100-ASA1,1087,11 77.51 (22) (a) "Use" includes the exercise of any right or power over tangible personal property or taxable services incident to the ownership, possession or enjoyment of the property or services, or the results produced by the services, including installation or affixation to real property and including the possession of, or the exercise of any right or power over tangible personal property by a lessee under a lease, except that "use" does not include the activities under sub. (18) (a) and (b).

AB100-ASA1, s. 1863 Section 1863. 77.52 (2) (a) 5. of the statutes is amended to read:

AB100-ASA1,1087,17 77.52 (2) (a) 5. The sale of telecommunications services that either originate or terminate in this state; except services that are obtained by means of a toll-free number, that originate outside this state and that terminate in this state; and are charged to a service address in this state, regardless of the location where that charge is billed or paid.

AB100-ASA1, s. 1864 Section 1864. 77.52 (2) (a) 5m. of the statutes is created to read:

AB100-ASA1,1087,23 77.52 (2) (a) 5m. The sale of services that consist of recording telecommunications messages and transmitting them to the purchaser of the service or at that purchaser's direction, but not including those services if they are merely an incidental, as defined in s. 77.51 (5), element of another service that is sold to that purchaser and is not taxable under this subchapter.

AB100-ASA1, s. 1865 Section 1865. 77.52 (17m) (a) of the statutes is amended to read:

AB100-ASA1,1088,3 77.52 (17m) (a) A person who holds a valid certificate issued under s. 73.03 (50) may apply for a direct pay permit by submitting to the department filing a completed form that the department prescribes.

AB100-ASA1, s. 1866 Section 1866. 77.53 (1m) (a) of the statutes is amended to read:

AB100-ASA1,1088,22 77.53 (1m) (a) If the motor vehicle is assigned to and used by an employe of the dealer for whom the dealer is required to withhold amounts for federal income tax purposes or by a person who both has an ownership interest in the dealership and actively participates in the day-to-day operation of the dealership, $96 per month for each motor vehicle registration plate held by the dealer, except that beginning in 1997 the department shall annually, as of January 1, adjust the dollar amount under this paragraph, rounded to the nearest whole dollar, to reflect the 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 June 30 of the year before the change. In this paragraph, "actively participates" means performs services for the motor vehicle dealership; including selling, accounting, managing and consulting; for more than 500 hours in a taxable year for which the person receives compensation, and "actively participates" does not include services performed only in the capacity of an investor; including studying and reviewing financial statements or reports on the operation of the business, preparing or compiling summaries or analyses of the finances of the business for the investor's own use or monitoring the finances or operations of the activity in a nonmanagerial capacity.

AB100-ASA1, s. 1867 Section 1867. 77.54 (3m) of the statutes is repealed and recreated to read:

AB100-ASA1,1089,2 77.54 (3m) The gross receipts from the sale of and the storage, use or other consumption of the following items if they are used exclusively by the purchaser or user in the business of farming; including dairy farming, agriculture, horticulture, floriculture and custom farming services:

AB100-ASA1,1089,3 (a) Seeds for planting.

AB100-ASA1,1089,4 (b) Plants.

AB100-ASA1,1089,5 (c) Feed.

AB100-ASA1,1089,6 (d) Fertilizer.

AB100-ASA1,1089,7 (e) Soil conditioners.

AB100-ASA1,1089,8 (f) Animal bedding.

AB100-ASA1,1089,9 (g) Sprays, pesticides and fungicides.

AB100-ASA1,1089,10 (h) Breeding and other livestock.

AB100-ASA1,1089,11 (i) Poultry.

AB100-ASA1,1089,12 (j) Farm work stock.

AB100-ASA1,1089,13 (k) Baling twine and baling wire.

AB100-ASA1,1089,14 (L) Containers for fruits, vegetables, grain, hay, silage and animal wastes.

AB100-ASA1,1089,16 (m) Plastic bags, plastic sleeves and plastic sheeting used to store or cover hay or silage.

AB100-ASA1, s. 2393no Section 2393no. 77.54 (14) (f) of the statutes is created to read:

AB100-ASA1,1089,21 77.54 (14) (f) Furnished without charge to a physician, surgeon, nurse anesthetist, advanced practice nurse, osteopath, dentist who is licensed under ch. 447, podiatrist who is licensed under ch. 448 or optometrist who is licensed under ch. 449 if the medicine may not be dispensed without a prescription.

AB100-ASA1, s. 2393nq Section 2393nq. 77.54 (20) (c) 5. of the statutes is amended to read:

AB100-ASA1,1090,2 77.54 (20) (c) 5. Taxable sales shall not include meals, food, food products or beverages furnished in accordance with any contract or agreement by a public or private institution of higher education if the items are furnished for purposes that are consistent with the institution's educational mission and are not furnished to faculty members.

AB100-ASA1, s. 2393q Section 2393q. 77.54 (43) of the statutes is created to read:

AB100-ASA1,1090,7 77.54 (43) The gross receipts 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.

AB100-ASA1, s. 1868 Section 1868. 77.58 (1m) of the statutes is created to read:

AB100-ASA1,1090,14 77.58 (1m) Persons who owe amounts under this subchapter shall pay them by mailing or delivering them to the department or, if the department prescribes another method of submitting or another destination, those persons shall pay those amounts in that other method or to that other destination, except that the department may require any person who pays under sub. (1) (b) to do so electronically.

AB100-ASA1, s. 2394g Section 2394g. 77.58 (3) (a) of the statutes is amended to read:

AB100-ASA1,1091,2 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 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.

AB100-ASA1, s. 1869 Section 1869. 77.61 (14) of the statutes is amended to read:

AB100-ASA1,1091,11 77.61 (14) Documents and payments required or permitted under this subchapter that are mailed are timely furnished, filed or made if they are mailed in a properly addressed envelope with the postage duly prepaid, if the envelope is postmarked before midnight of the due date and if the document or payment is received by the department, or at the destination that the department prescribes, within 5 days after the prescribed date. Documents and payments that are not mailed are timely if they are received on or before the due date by the department or at the destination that the department designates.

AB100-ASA1, s. 1870 Section 1870. 77.75 of the statutes is amended to read:

AB100-ASA1,1091,18 77.75 Reports. Every person subject to county or special district sales and use taxes shall, for each reporting period, record that person's sales made in the county or special district that has imposed those taxes separately from sales made elsewhere in this state and file a report of the measure of the county or special district sales and use taxes and the tax due thereon separately to the department of revenue on forms to be provided by the department.

AB100-ASA1, s. 2399f Section 2399f. 77.76 (3) of the statutes is amended to read:

AB100-ASA1,1092,11 77.76 (3) From the appropriation under s. 20.835 (4) (g) the department shall distribute 98.5% 98.7% of the county taxes reported for each enacting county, minus the county portion of the retailers' discounts, to the county and shall indicate the taxes reported by each taxpayer, no later than the end of the 3rd month following the end of the calendar quarter in which such amounts were reported. In this subsection, the "county 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 county sales and use taxes payable and the denominator of which is the sum of the gross state and county sales and use taxes payable. The county taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments of the county taxes previously distributed. Interest paid on refunds of county sales and use taxes shall be paid from the appropriation under s. 20.835 (4) (g) at the rate paid by this state under s. 77.60 (1) (a). The county may retain the amount it receives or it may distribute all or a portion of the amount it receives to the towns, villages, cities and school districts in the county. Any county 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).

AB100-ASA1, s. 2399fm Section 2399fm. 77.76 (4) of the statutes is amended to read:

AB100-ASA1,1092,17 77.76 (4) There shall be retained by the state 1.5% of the taxes collected under this subchapter for special districts and 1.3% of the taxes collected under this subchapter for counties 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.

AB100-ASA1, s. 2399g Section 2399g. 77.82 (1) (b) 2. of the statutes is amended to read:

AB100-ASA1,1092,21 77.82 (1) (b) 2. A parcel that is developed for commercial recreation, for industry, human residence or for any other use determined by the department to be incompatible with the practice of forestry.

AB100-ASA1, s. 2399i Section 2399i. 77.82 (1) (b) 3. of the statutes is created to read:

AB100-ASA1,1092,23 77.82 (1) (b) 3. A parcel that is developed for a human residence.

AB100-ASA1, s. 2399k Section 2399k. 77.82 (1) (bn) of the statutes is created to read:

AB100-ASA1,1093,5 77.82 (1) (bn) For purposes of par. (b) 3., the department by rule shall define "human residence" to include a residence of the petitioner regardless of whether it is the petitioner's primary residence. The definition may also include up to one acre surrounding the residence for a residence that is not the petitioner's primary residence.

AB100-ASA1, s. 1871 Section 1871. 77.92 (1m) of the statutes is created to read:

AB100-ASA1,1093,10 77.92 (1m) "File" means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

AB100-ASA1, s. 1872 Section 1872. 77.92 (4) of the statutes is amended to read:

AB100-ASA1,1093,22 77.92 (4) "Net business income", with respect to a partnership or limited liability company, 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; minus the items of loss and deduction under section 702 of the internal revenue code; plus payments treated as not made to partners under section 707 (a) of the internal revenue code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dr) and, (2ds) and (2dx); 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 employe as defined in section 3121 (d) (3) of the internal revenue code.

AB100-ASA1, s. 2401m Section 2401m. 77.92 (4m) of the statutes is amended to read:

AB100-ASA1,1094,4 77.92 (4m) "Partnership" has the meaning given in section 761 (a) of the internal revenue code, except that "partnership" does not include entities that are excluded under the regulations interpreting section 761 (a) of the internal revenue code from the operation of all or part of subchapter K of chapter one of the internal revenue code. "Partnership" also includes an entity treated as a partnership under section 7701 of the Internal Revenue Code.

AB100-ASA1, s. 2401r Section 2401r. 77.93 (3m) of the statutes is repealed.

AB100-ASA1, s. 2401t Section 2401t. 77.93 (5) of the statutes is amended to read:

AB100-ASA1,1094,11 77.93 (5) All natural persons, estates, trusts, and partnerships and limited liability companies that are engaged in farming. The surcharge is imposed on the partnership or limited liability company, not on its partners or members, except that if a partnership's or company's surcharge is delinquent the partners or members are jointly and severally liable for it.

AB100-ASA1, s. 2401v Section 2401v. 77.935 of the statutes is created to read:

AB100-ASA1,1094,16 77.935 Single-owner entities. A single-owner entity that is disregarded as a separate entity under ch. 71 is disregarded as a separate entity under this subchapter. The owner of that entity shall include the information from the entity on the owner's return under this subchapter.

AB100-ASA1, s. 1873 Section 1873. 77.96 (5) of the statutes is amended to read:

AB100-ASA1,1094,23 77.96 (5) Each person subject to a surcharge under s. 77.93 shall, on or before the due date, including extensions, for filing under ch. 71, file with the department of revenue, on a form prescribed by the department, an accurate statement of its gross tax liability or net business income. Payments made after the due date under sub. (2) and on or before the due date under this subsection are not delinquent but are subject to interest at the rate of 12% per year.

AB100-ASA1, s. 1874 Section 1874. 77.96 (5m) of the statutes is created to read:

AB100-ASA1,1095,4 77.96 (5m) Persons who owe amounts under this subchapter shall mail or deliver those amounts to the department of revenue or, if that department prescribes another method of submitting or another destination, those persons shall use that other method or submit those amounts to that other destination.

AB100-ASA1, s. 2404b Section 2404b. 77.98 of the statutes is amended to read: