Amendment MR8 SA1-AB1

AB1-SA1,60,21 3. Any taxes legally imposed directly on the purchaser that are separately stated on the invoice, bill of sale, or similar document that the seller gives to the purchaser.

AB1-SA1,60,22 4. Delivery charges for direct mail.

AB1-SA1,61,2 5. In all transactions in which an article of tangible personal property, an item under s. 77.52 (1) (b), or property under s. 77.52 (1) (c) is traded toward the purchase of an article, item, or property of greater value, the amount of the purchase price that represents the amount allowed for the article, item, or property traded, except that this subdivision does not apply to any transaction to which subd. 7. or 8. applies.

AB1-SA1,61,9 6. If a person who purchases a motor vehicle presents a statement issued under s. 218.0171 (2) (cq) to the seller at the time of purchase, and the person presents the statement to the seller within 60 days from the date of receiving a refund under s. 218.0171 (2) (b) 2. b., the trade-in amount specified in the statement issued under s. 218.0171 (2) (cq), but not to exceed the purchase price from the sale of the motor vehicle. This subdivision applies only to the first motor vehicle purchased by a person after receiving a refund under s. 218.0171 (2) (b) 2. b.

AB1-SA1,61,12 7. Thirty-five percent of the purchase price, excluding trade-ins, of a new manufactured home, as defined in s. 101.91 (11). This subdivision does not apply to a lease or rental.

AB1-SA1,61,17 8. At the retailer's option; except that after the retailer chooses an option the retailer may not use the other option for other sales without the department's written approval; either 35 percent of the purchase price of a modular home, as defined in s. 101.71 (6), or an amount equal to the purchase price of the home minus the cost of materials that become an ingredient or component part of the home.

AB1-SA1,61,19 (c) "Purchase price" includes consideration received by the seller from a 3rd party, if:

AB1-SA1,61,22 1. The seller actually receives consideration from a 3rd party, other than the purchaser, and the consideration is directly related to a price reduction or discount on a sale.

AB1-SA1,61,23 2. The seller is obliged to pass the price reduction or discount to the purchaser.

AB1-SA1,62,3 3. The amount of the consideration that is attributable to the sale is a fixed amount and the seller is able to determine that amount at the time of the sale to the purchaser.

AB1-SA1,62,4 4. One of the following also applies:

AB1-SA1,62,9 a. The purchaser presents a coupon, certificate, or other documentation to the seller to claim the price reduction or discount, if the coupon, certificate, or other documentation is authorized, distributed, or granted by the 3rd party with the understanding that the 3rd party will reimburse the seller for the amount of the price reduction or discount.

AB1-SA1,62,11 b. The purchaser identifies himself or herself to the seller as a member of a group or organization that may claim the price reduction or discount.

AB1-SA1,62,14 c. The seller provides an invoice to the purchaser, or the purchaser presents a coupon, certificate, or other documentation to the seller, that identifies the price reduction or discount as a 3rd-party price reduction or discount.

AB1-SA1, s. 9gn Section 9gn. 77.51 (12p) of the statutes is created to read:

AB1-SA1,62,17 77.51 (12p) "Purchaser" means a person to whom a sale of tangible personal property is made or to whom a service is furnished.

AB1-SA1, s. 9go Section 9go. 77.51 (13) (a) of the statutes is amended to read:

AB1-SA1,62,21 77.51 (13) (a) Every seller who makes any sale, regardless of whether the sale is mercantile in nature, of tangible personal property, items or property under s. 77.52 (1) (b) or (c), or a service specified under s. 77.52 (2) (a).

AB1-SA1, s. 9gp Section 9gp. 77.51 (13) (b) of the statutes is amended to read:

AB1-SA1,63,2 77.51 (13) (b) Every person engaged in the business of making sales of tangible personal property or items or property under s. 77.52 (1) (b) or (c) for storage, use or consumption or in the business of making sales at auction of tangible personal property or items or property under s. 77.52 (1) (b) or (c) owned by the person or others for storage, use or other consumption.

AB1-SA1, s. 9gq Section 9gq. 77.51 (13) (c) of the statutes is amended to read:

AB1-SA1,63,12 77.51 (13) (c) When the department determines that it is necessary for the efficient administration of this subchapter to regard any salespersons, representatives, peddlers or canvassers as the agents of the dealers, distributors, supervisors or employers under whom they operate or from whom they obtain the tangible personal property or items or property under s. 77.52 (1) (b) or (c) sold by them, irrespective of whether they are making the sales on their own behalf or on behalf of such dealers, distributors, supervisors or employers, the department may so regard them and may regard the dealers, distributors, supervisors or employers as retailers for purposes of this subchapter.

AB1-SA1, s. 9gr Section 9gr. 77.51 (13) (d) of the statutes is amended to read:

AB1-SA1,63,17 77.51 (13) (d) Every wholesaler to the extent that the wholesaler sells tangible personal property or items or property under s. 77.52 (1) (b) or (c) to a person other than a seller as defined in sub. (17) provided such wholesaler is not expressly exempt from the sales tax on such sale or from collecting the use tax on such sale.

AB1-SA1, s. 9gs Section 9gs. 77.51 (13) (e) of the statutes is amended to read:

AB1-SA1,63,24 77.51 (13) (e) A person selling tangible personal property or items or property under s. 77.52 (1) (b) or (c) to a service provider who transfers the property in conjunction with the selling, performing or furnishing of any service and the property is or items are incidental to the service, unless the service provider is selling, performing or furnishing services under s. 77.52 (2) (a) 7., 10., 11. and 20. This subsection does not apply to sub. (2).

AB1-SA1, s. 9gt Section 9gt. 77.51 (13) (f) of the statutes is amended to read:

AB1-SA1,64,5 77.51 (13) (f) A service provider who transfers tangible personal property or items or property under s. 77.52 (1) (b) or (c) in conjunction with but not incidental to the selling, performing or furnishing of any service and a service provider selling, performing or furnishing services under s. 77.52 (2) (a) 7., 10., 11. and 20. This subsection does not apply to sub. (2).

AB1-SA1, s. 9gv Section 9gv. 77.51 (13) (k) of the statutes is amended to read:

AB1-SA1,64,9 77.51 (13) (k) As respects With respect to a lease, any person deriving rentals from a lease of tangible personal property or items or property under s. 77.52 (1) (b) or (c) situated in this state.

AB1-SA1, s. 9gw Section 9gw. 77.51 (13) (m) of the statutes is amended to read:

AB1-SA1,64,14 77.51 (13) (m) A person selling tangible personal property or items or property under s. 77.52 (1) (b) or (c) to a veterinarian to be used or furnished by the veterinarian in the performance of services in some manner related to domestic animals, including pets or poultry.

AB1-SA1, s. 9hb Section 9hb. 77.51 (13) (n) of the statutes is amended to read:

AB1-SA1,64,19 77.51 (13) (n) A person selling household furniture, furnishings, equipment, appliances or other items of tangible personal property or items or property under s. 77.52 (1) (b) or (c) to a landlord for use by tenants in leased or rented living quarters.

AB1-SA1, s. 9hc Section 9hc. 77.51 (13) (o) of the statutes is amended to read:

AB1-SA1,64,22 77.51 (13) (o) A person selling medicine drugs for animals to a veterinarian. As used in this paragraph, "animal" includes livestock, pets and poultry.

AB1-SA1, s. 9hd Section 9hd. 77.51 (13g) (intro.) of the statutes is amended to read:

AB1-SA1,65,3 77.51 (13g) (intro.) Except as provided in sub. (13h), "retailer engaged in business in this state", unless otherwise limited by federal statute, for purposes of the use tax, means any of the following:

AB1-SA1, s. 9he Section 9he. 77.51 (13g) (a) of the statutes is amended to read:

AB1-SA1,65,10 77.51 (13g) (a) Any retailer owning any real property in this state or leasing or renting out any tangible personal property, or items or property under s. 77.52 (1) (b) or (c), located in this state or maintaining, occupying or using, permanently or temporarily, directly or indirectly, or through a subsidiary, or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse or storage place or other place of business in this state.

AB1-SA1, s. 9hf Section 9hf. 77.51 (13g) (b) of the statutes is amended to read:

AB1-SA1,65,16 77.51 (13g) (b) Any retailer having any representative, agent, salesperson, canvasser or solicitor operating in this state under the authority of the retailer or its subsidiary for the purpose of selling, delivering or the taking of orders for any tangible personal property, items or property under s. 77.52 (1) (b) or (c), or taxable services.

AB1-SA1, s. 9hg Section 9hg. 77.51 (13g) (c) of the statutes is created to read:

AB1-SA1,65,20 77.51 (13g) (c) Any retailer selling tangible personal property, items or property under s. 77.52 (1) (b) or (c), or taxable services for storage, use, or other consumption in this state, unless otherwise limited by federal law.

AB1-SA1, s. 9hh Section 9hh. 77.51 (13r) of the statutes is amended to read:

AB1-SA1,65,24 77.51 (13r) Any person purchasing from a retailer as defined in sub. (13) shall be deemed the consumer of the tangible personal property, items or property under s. 77.52 (1) (b) or (c), or services purchased.

AB1-SA1, s. 9hi Section 9hi. 77.51 (13rm) of the statutes is created to read:

AB1-SA1,66,2 77.51 (13rm) "Retail sale" or "sale at retail" means any sale, lease, or rental for any purpose other than resale, sublease, or subrent.

AB1-SA1, s. 9hj Section 9hj. 77.51 (13rn) of the statutes is created to read:

AB1-SA1,66,7 77.51 (13rn) "Ringtones" means digitized sound files that are downloaded onto a device and that may be used to alert the customer with regard to a communication. "Ringtones" includes MP3 or musical tones, polyphonic tones, and synthetic music mobile application format tones, but does not include ring-back tones.

AB1-SA1, s. 9hk Section 9hk. 77.51 (14) (intro.) of the statutes is amended to read:

AB1-SA1,66,14 77.51 (14) (intro.) "Sale", "sale, lease or rental", "retail sale", "sale at retail", or equivalent terms include includes any one or all of the following: the transfer of the ownership of, title to, possession of, or enjoyment of tangible personal property, items or property under s. 77.52 (1) (b) or (c), or services for use or consumption but not for resale as tangible personal property, items or property under s. 77.52 (1) (b) or (c), or services and includes:

AB1-SA1, s. 9hL Section 9hL. 77.51 (14) (a) of the statutes is amended to read:

AB1-SA1,66,21 77.51 (14) (a) Any sale at an auction in with respect to tangible personal property or items or property under s. 77.52 (1) (b) or (c) which is are sold to a successful bidder. The proceeds from, except the sale of property or items sold at auction which is are bid in by the seller and on which title does not pass to a new purchaser shall be deducted from the gross proceeds of the sale and the tax paid only on the net proceeds.

AB1-SA1, s. 9hm Section 9hm. 77.51 (14) (b) of the statutes is amended to read:

AB1-SA1,66,25 77.51 (14) (b) The furnishing or distributing of tangible personal property, items or property under s. 77.52 (1) (b) or (c), or taxable services for a consideration by social clubs and fraternal organizations to their members or others.

AB1-SA1, s. 9hn Section 9hn. 77.51 (14) (c) of the statutes is amended to read:

AB1-SA1,67,4 77.51 (14) (c) A transaction whereby the possession of tangible personal property is or items or property under s. 77.52 (1) (b) or (c) are transferred but the seller retains the title as security for the payment of the price.

AB1-SA1, s. 9hp Section 9hp. 77.51 (14) (d) of the statutes is repealed.

AB1-SA1, s. 9hq Section 9hq. 77.51 (14) (g) of the statutes is renumbered 77.51 (15a) (b) 4.

AB1-SA1, s. 9hr Section 9hr. 77.51 (14) (h) of the statutes is amended to read:

AB1-SA1,67,11 77.51 (14) (h) A transfer for a consideration of the title or possession of tangible personal property or items or property under s. 77.52 (1) (b) or (c) which has have been produced, fabricated, or printed to the special order of the customer or of any publication.

AB1-SA1, s. 9hs Section 9hs. 77.51 (14) (i) of the statutes is repealed.

AB1-SA1, s. 9ht Section 9ht. 77.51 (14) (j) of the statutes is amended to read:

AB1-SA1,67,19 77.51 (14) (j) The granting of possession of tangible personal property or items or property under s. 77.52 (1) (b) or (c) by a lessor to a lessee, or to another person at the direction of the lessee. Such a transaction is deemed a continuing sale in this state by the lessor for the duration of the lease as respects any period of time the leased property is situated in this state, irrespective of the time or place of delivery of the property to the lessee or such other person.

AB1-SA1, s. 9hv Section 9hv. 77.51 (14) (k) of the statutes is repealed.

AB1-SA1, s. 9hw Section 9hw. 77.51 (14) (L) of the statutes is repealed.

AB1-SA1, s. 9ib Section 9ib. 77.51 (14g) (a) of the statutes is amended to read:

AB1-SA1,67,25 77.51 (14g) (a) The transfer of property or items or property under s. 77.52 (1) (b) or (c) to a corporation upon its organization solely in consideration for the issuance of its stock;

AB1-SA1, s. 9ic Section 9ic. 77.51 (14g) (b) of the statutes is amended to read:

AB1-SA1,68,4 77.51 (14g) (b) The contribution of property or items or property under s. 77.52 (1) (b) or (c) to a newly formed partnership solely in consideration for a partnership interest therein;

AB1-SA1, s. 9id Section 9id. 77.51 (14g) (bm) of the statutes is amended to read:

AB1-SA1,68,8 77.51 (14g) (bm) The contribution of property or items or property under s. 77.52 (1) (b) or (c) to a limited liability company upon its organization solely in consideration for a membership interest;

AB1-SA1, s. 9ie Section 9ie. 77.51 (14g) (c) of the statutes is amended to read:

AB1-SA1,68,12 77.51 (14g) (c) The transfer of property or items or property under s. 77.52 (1) (b) or (c) to a corporation, solely in consideration for the issuance of its stock, pursuant to a merger or consolidation;

AB1-SA1, s. 9if Section 9if. 77.51 (14g) (cm) of the statutes is amended to read:

AB1-SA1,68,16 77.51 (14g) (cm) The transfer of property or items or property under s. 77.52 (1) (b) or (c) to a limited liability company, solely in consideration for a membership interest, pursuant to a merger;

AB1-SA1, s. 9ig Section 9ig. 77.51 (14g) (d) of the statutes is amended to read:

AB1-SA1,68,20 77.51 (14g) (d) The distribution of property or items or property under s. 77.52 (1) (b) or (c) by a corporation to its stockholders as a dividend or in whole or partial liquidation;

AB1-SA1, s. 9ih Section 9ih. 77.51 (14g) (e) of the statutes is amended to read:

AB1-SA1,68,23 77.51 (14g) (e) The distribution of property or items or property under s. 77.52 (1) (b) or (c) by a partnership to its partners in whole or partial liquidation;

AB1-SA1, s. 9ii Section 9ii. 77.51 (14g) (em) of the statutes is amended to read:

AB1-SA1,69,3 77.51 (14g) (em) The distribution of property or items or property under s. 77.52 (1) (b) or (c) by a limited liability company to its members in whole or partial liquidation;

AB1-SA1, s. 9ij Section 9ij. 77.51 (14g) (f) of the statutes is amended to read:

AB1-SA1,69,7 77.51 (14g) (f) Repossession of property or items or property under s. 77.52 (1) (b) or (c) by the seller from the purchaser when the only consideration is cancellation of the purchaser's obligation to pay the remaining balance of the purchase price;

AB1-SA1, s. 9ik Section 9ik. 77.51 (14g) (g) of the statutes is amended to read:

AB1-SA1,69,11 77.51 (14g) (g) The transfer of property or items or property under s. 77.52 (1) (b) or (c) in a reorganization as defined in section 368 of the internal revenue code in which no gain or loss is recognized for franchise or income tax purposes; or

AB1-SA1, s. 9iL Section 9iL. 77.51 (14g) (h) of the statutes is amended to read:

AB1-SA1,69,21 77.51 (14g) (h) Any transfer of all or substantially all the property or items or property under s. 77.52 (1) (b) or (c) held or used by a person in the course of an activity requiring the holding of a seller's permit, if after the transfer the real or ultimate ownership of the property or items is substantially similar to that which existed before the transfer. For the purposes of this section, stockholders, bondholders, partners, members or other persons holding an interest in a corporation or other entity are regarded as having the real or ultimate ownership of the property or items of the corporation or other entity. In this paragraph, "substantially similar" means 80% or more of ownership.