Amendment ASA1-SB40

SB40-ASA1,1089,5 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.

SB40-ASA1,1089,6 2. The seller is obliged to pass the price reduction or discount to the purchaser.

SB40-ASA1,1089,9 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.

SB40-ASA1,1089,10 4. Any of the following also applies:

SB40-ASA1,1089,15 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.

SB40-ASA1,1089,17 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.

SB40-ASA1,1089,20 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.

SB40-ASA1, s. 1973 Section 1973. 77.51 (17) of the statutes is amended to read:

SB40-ASA1,1090,2 77.51 (17) "Seller" includes every person selling, leasing, or renting tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods or selling, performing, or furnishing services of a kind the gross receipts sales price from the sale, lease, rental, performance, or furnishing of which are is required to be included in the measure of the sales tax.

SB40-ASA1, s. 1974 Section 1974. 77.51 (17m) of the statutes is repealed and recreated to read:

SB40-ASA1,1090,4 77.51 (17m) "Service address" means any of the following:

SB40-ASA1,1090,8 (a) The location of the telecommunications equipment to which a customer's telecommunications service is charged and from which the telecommunications service originates or terminates, regardless of where the telecommunications service is billed or paid.

SB40-ASA1,1090,14 (b) If the location described under par. (a) is not known by the seller who sells the telecommunications service, the location where the signal of the telecommunications service originates, as identified by the seller's telecommunications system or, if the signal is not transmitted by the seller's telecommunications system, by information that the seller received from the seller's service provider.

SB40-ASA1,1090,16 (c) If the locations described under pars. (a) and (b) are not known by the seller who sells the telecommunications service, the customer's place of primary use.

SB40-ASA1, s. 1975 Section 1975. 77.51 (17w) of the statutes is created to read:

SB40-ASA1,1090,21 77.51 (17w) "Soft drink" means a beverage that contains less than 0.5 percent of alcohol and that contains natural or artificial sweeteners. "Soft drink" does not include a beverage that contains milk or milk products; soy, rice, or similar milk substitutes; or more than 50 percent vegetable or fruit juice by volume.

SB40-ASA1, s. 1976 Section 1976. 77.51 (17x) of the statutes is created to read:

SB40-ASA1,1091,2 77.51 (17x) "Specified digital goods" means digital audio works, digital audiovisual works, and digital books. For purposes of this subchapter, the sale of or the storage, use, or other consumption of a digital code is treated the same as the sale of or the storage, use, or other consumption of any specified digital goods for which the digital code relates.

SB40-ASA1, s. 1977 Section 1977. 77.51 (18) of the statutes is amended to read:

SB40-ASA1,1091,7 77.51 (18) "Storage" includes any keeping or retention in this state of tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods purchased from a retailer for any purpose except sale in the regular course of business.

SB40-ASA1, s. 1978 Section 1978. 77.51 (20) of the statutes is amended to read:

SB40-ASA1,1091,19 77.51 (20) "Tangible personal property" means all tangible personal property of every kind and description that can be seen, weighed, measured, felt, or touched, or that is in any other manner perceptible to the senses, and includes electricity, natural gas, steam and, water, and also leased property affixed to realty if the lessor has the right to remove the property upon breach or termination of the lease agreement, unless the lessor of the property is also the lessor of the realty to which the property is affixed. "Tangible personal property" also includes coins and stamps of the United States sold or traded as collectors' items above their face value and computer programs except custom computer programs prewritten computer software, but does not include items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods.

SB40-ASA1, s. 1979 Section 1979. 77.51 (21) of the statutes is amended to read:

SB40-ASA1,1091,23 77.51 (21) "Taxpayer" means the person who is required to pay, collect, or account for or who is otherwise directly interested in the taxes imposed by this subchapter, including a certified service provider.

SB40-ASA1, s. 1980 Section 1980. 77.51 (21m) of the statutes is amended to read:

SB40-ASA1,1092,10 77.51 (21m) "Telecommunications and Internet access services" means sending messages and information transmitted through the use of local, toll and wide-area telephone service; channel services; telegraph services; teletypewriter; computer exchange services; cellular mobile telecommunications service; specialized mobile radio; stationary two-way radio; paging service; or any other form of mobile and portable one-way or two-way communications; or any other transmission of messages or information by electronic or similar means between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities. "Telecommunications services" does not include sending collect telecommunications that are received outside of the state.

SB40-ASA1, s. 2276m Section 2276m. 77.51 (21m) of the statutes, as affected by 2007 Wisconsin Act ... (this act), is renumbered 77.51 (5g) and amended to read:

SB40-ASA1,1092,24 77.51 (5g) "Telecommunications and Internet access services" means sending messages and information transmitted through the use of local, toll and wide-area telephone service; channel services; telegraph services; teletypewriter; computer exchange services; cellular mobile telecommunications service; specialized mobile radio; stationary two-way radio; paging service; or any other form of mobile and portable one-way or two-way communications; or any other transmission of messages or information by electronic or similar means between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities. "Telecommunications services" does not include sending collect telecommunications that are received outside of the state. "Internet access services" does not include telecommunications services to the extent that such services are taxable under s. 77.52 (2) (a) 5. am.

SB40-ASA1, s. 1981 Section 1981. 77.51 (21n) of the statutes is created to read:

SB40-ASA1,1093,9 77.51 (21n) "Telecommunications services" means electronically transmitting, conveying, or routing voice, data, audio, video, or other information or signals to a point or between or among points. "Telecommunications services" includes the transmission, conveyance, or routing of such information or signals in which computer processing applications are used to act on the content's form, code, or protocol for transmission, conveyance, or routing purposes, regardless of whether the service is referred to as a voice over Internet protocol service or classified by the federal communications commission as an enhanced or value-added service. "Telecommunications services" does not include any of the following:

SB40-ASA1,1093,13 (a) Data processing and information services that allow data to be generated, acquired, stored, processed, or retrieved and delivered to a purchaser by an electronic transmission, if the purchaser's primary purpose for the underlying transaction is the processed data.

SB40-ASA1,1093,14 (b) Installing or maintaining wiring or equipment on a customer's premises.

SB40-ASA1,1093,15 (c) Tangible personal property.

SB40-ASA1,1093,16 (d) Advertising, including directory advertising.

SB40-ASA1,1093,17 (e) Billing and collection services provided to 3rd parties.

SB40-ASA1,1093,18 (f) Internet access service.

SB40-ASA1,1093,23 (g) Radio and television audio and video programming services, regardless of the medium in which the services are provided, including cable service, as defined in 47 USC 522 (6), audio and video programming services delivered by commercial mobile radio service providers, as defined in 47 CFR 20.3, and the transmitting, conveying, or routing of such services by the programming service provider.

SB40-ASA1,1093,24 (h) Ancillary services.

SB40-ASA1,1094,2 (i) Digital products delivered electronically, including software, music, video, reading materials, or ringtones.

SB40-ASA1, s. 1982 Section 1982. 77.51 (21p) of the statutes is created to read:

SB40-ASA1,1094,5 77.51 (21p) "Tobacco" means cigarettes, cigars, chewing tobacco, pipe tobacco, and any other item that contains tobacco.

SB40-ASA1, s. 1983 Section 1983. 77.51 (21q) of the statutes is created to read:

SB40-ASA1,1094,8 77.51 (21q) "Transferred electronically" means accessed or obtained by the purchaser by means other than tangible storage media.

SB40-ASA1, s. 1984 Section 1984. 77.51 (22) (a) of the statutes is amended to read:

SB40-ASA1,1094,18 77.51 (22) (a) "Use" includes the exercise of any right or power over tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, additional digital goods, or taxable services incident to the ownership, possession or enjoyment of the property, goods, 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, items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods by a lessee under a lease, except that "use" does not include the activities under sub. (18).

SB40-ASA1, s. 1985 Section 1985. 77.51 (22) (b) of the statutes is amended to read:

SB40-ASA1,1095,3 77.51 (22) (b) In this subsection "enjoyment" includes a purchaser's right to direct the disposition of property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods, whether or not the purchaser has possession of the property, items, or goods. "Enjoyment" also includes, but is not limited to, having shipped into this state by an out-of-state supplier printed material which is designed to promote the sale of property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, additional digital goods, or services, or which is otherwise related to the business activities, of the purchaser of the printed material or printing service.

SB40-ASA1, s. 1986 Section 1986. 77.51 (22) (bm) of the statutes is created to read:

SB40-ASA1,1095,13 77.51 (22) (bm) In this subsection, "exercise of any right or power over tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, additional digital goods, or taxable services" includes distributing, selecting recipients, determining mailing schedules, or otherwise directing the distribution, dissemination, or disposal of tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, additional digital goods, or taxable services, regardless of whether the purchaser of such property, items, goods, or services owns or physically possesses, in this state, the property, items, goods, or services.

SB40-ASA1, s. 1987 Section 1987. 77.51 (24) of the statutes is created to read:

SB40-ASA1,1095,18 77.51 (24) "Value-added non-voice data service" means a service in which computer processing applications are used to act on the form, content, code, or protocol of the data provided by the service and are used primarily for a purpose other than for transmitting, conveying, or routing data.

SB40-ASA1, s. 1988 Section 1988. 77.51 (25) of the statutes is created to read:

SB40-ASA1,1095,23 77.51 (25) "Vertical service" means an ancillary service that is provided with one or more telecommunications services and allows customers to identify callers and to manage multiple calls and call connections, including conference bridging services.

SB40-ASA1, s. 1989 Section 1989. 77.51 (26) of the statutes is created to read:

SB40-ASA1,1096,3 77.51 (26) "Voice mail service" means an ancillary service that allows a customer to store, send, or receive recorded messages, not including any vertical service that the customer must have to use the voice mail service.

SB40-ASA1, s. 1990 Section 1990. 77.52 (1) of the statutes is renumbered 77.52 (1) (a) and amended to read:

SB40-ASA1,1096,11 77.52 (1) (a) For the privilege of selling, licensing, leasing or renting tangible personal property, including accessories, components, attachments, parts, supplies and materials, at retail a tax is imposed upon all retailers at the rate of 5% of the gross receipts sales price from the sale, license, lease or rental of tangible personal property, including accessories, components, attachments, parts, supplies and materials, sold, leased or rented at retail in this state, as determined under s. 77.522.

SB40-ASA1, s. 1991 Section 1991. 77.52 (1) (b) of the statutes is created to read:

SB40-ASA1,1096,16 77.52 (1) (b) For the privilege of selling at retail coins and stamps of the United States that are sold or traded as collectors' items above their face value, a tax is imposed on all retailers at the rate of 5 percent of the sales price from the sale of such coins and stamps.

SB40-ASA1, s. 1992 Section 1992. 77.52 (1) (c) of the statutes is created to read:

SB40-ASA1,1096,22 77.52 (1) (c) For the privilege of leasing property that is affixed to real property, a tax is imposed on all retailers at the rate of 5 percent of the sales price from the lease of such property, if the lessor has the right to remove the leased property upon breach or termination of the lease agreement, unless the lessor of the leased property is also the lessor of the real property to which the leased property is affixed.

SB40-ASA1, s. 1993 Section 1993. 77.52 (1) (d) of the statutes is created to read:

SB40-ASA1,1097,4 77.52 (1) (d) For the privilege of selling, licensing, leasing, or renting specified digital goods or additional digital goods at retail, regardless of whether the purchaser has the right to permanently use such goods or whether the purchaser's right to access or retain such goods is not permanent, a tax is imposed upon all retailers at the rate of 5 percent of the sales price from the sale, license, lease or rental of such goods.

SB40-ASA1, s. 1994 Section 1994. 77.52 (2) (intro.) of the statutes is amended to read:

SB40-ASA1,1097,10 77.52 (2) (intro.) For the privilege of selling, licensing, performing or furnishing the services described under par. (a) at retail in this state, as determined under s. 77.522, to consumers or users, a tax is imposed upon all persons selling, licensing, performing or furnishing the services at the rate of 5% of the gross receipts sales price from the sale, license, performance or furnishing of the services.

SB40-ASA1, s. 2290m Section 2290m. 77.52 (2) (a) 2. a. of the statutes is amended to read:

SB40-ASA1,1097,20 77.52 (2) (a) 2. a. Except as provided in subd. 2. b. and c., the sale of admissions to amusement, athletic, entertainment or recreational events or places except county fairs, the sale, rental or use of regular bingo cards, extra regular cards, special bingo cards and the sale of bingo supplies to players and the furnishing, for dues, fees or other considerations, the privilege of access to clubs or the privilege of having access to or the use of amusement, entertainment, athletic or recreational devices or facilities, including the sale or furnishing of use of recreational facilities on a periodic basis or other recreational rights, including but not limited to membership rights, vacation services and club memberships.

SB40-ASA1, s. 2290n Section 2290n. 77.52 (2) (a) 2. c. of the statutes is created to read:

SB40-ASA1,1098,3 77.52 (2) (a) 2. c. Taxable sales do not include the sale of admissions to performances and events produced by a nonprofit cultural arts organization, including events produced by the organization's affiliates or agents. In order to claim the exemption under this subd. 2. c., an organization must create, develop, and put on a public performance of the performance or event. This subd. 2. c. does not apply to the sale of admissions to performances and events for which the nonprofit cultural arts organization sponsors, but does not produce, the performance or event.

SB40-ASA1, s. 2291b Section 2291b. 77.52 (2) (a) 5. a. of the statutes is amended to read:

SB40-ASA1,1098,13 77.52 (2) (a) 5. a. The sale of telecommunications and Internet access services, except services subject to 4 USC 116 to 126, as amended by P.L. 106-252, 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; and the sale of the rights to purchase telecommunications services, including purchasing reauthorization numbers, by paying in advance and by using an access number and authorization code, except sales that are subject to subd. 5. b.

SB40-ASA1, s. 2291c Section 2291c. 77.52 (2) (a) 5. a. of the statutes, as affected by 2007 Wisconsin Act ... (this act), is amended to read:

SB40-ASA1,1098,24 77.52 (2) (a) 5. a. The sale of telecommunications and Internet access services, except services subject to 4 USC 116 to 126, as amended by P.L. 106-252, 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; and the sale of the rights to purchase telecommunications services, including purchasing reauthorization numbers, by paying in advance and by using an access number and authorization code, except sales that are subject to subd. 5. b.

SB40-ASA1, s. 2291p Section 2291p. 77.52 (2) (a) 5. am. of the statutes is created to read:

SB40-ASA1,1099,2 77.52 (2) (a) 5. am. The sale of intrastate, interstate, and international telecommunications services, except interstate 800 services.

SB40-ASA1, s. 1995 Section 1995. 77.52 (2) (a) 5. b. of the statutes is repealed.

SB40-ASA1, s. 1996 Section 1996. 77.52 (2) (a) 5. c. of the statutes is created to read:

SB40-ASA1,1099,6 77.52 (2) (a) 5. c. The sale of ancillary services, except detailed telecommunications billing services.

SB40-ASA1, s. 1997 Section 1997. 77.52 (2) (a) 5m. of the statutes is amended to read:

SB40-ASA1,1099,14 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 that are taxable under subd. 5. or services that are incidental, as defined in s. 77.51 (5), element of to another service that is not taxable under this subchapter and sold to that the purchaser of the incidental service and is not taxable under this subchapter.

SB40-ASA1, s. 1998 Section 1998. 77.52 (2) (a) 10. of the statutes is amended to read:

SB40-ASA1,1100,13 77.52 (2) (a) 10. Except for services provided by veterinarians and except for installing or applying tangible personal property that, subject to par. (ag), when installed or applied, will constitute an addition or capital improvement of real property, the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, and maintenance of all items of tangible personal property , items and property under sub. (1) (b) and (c), specified digital goods, and additional digital goods, unless, at the time of that the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance, a sale in this state of the type of property, items, or goods repaired, serviced, altered, fitted, cleaned, painted, coated, towed, inspected, or maintained would have been exempt to the customer from sales taxation under this subchapter, other than the exempt sale of a motor vehicle or truck body to a nonresident under s. 77.54 (5) (a) and other than nontaxable sales under s. 77.51 (14r) juvenile 77.522 or unless the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance is provided under a contract that is subject to tax under subd. 13m. The tax imposed under this subsection applies to the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance of items listed in par. (ag), regardless of whether the installation or application of tangible personal property, items or property under sub. (1) (b) or (c), specified digital goods, or additional digital goods related to the items is an addition to or a capital improvement of real property, except that the tax imposed under this subsection does not apply to the original installation or the complete replacement of an item listed in par. (ag), if that the installation or replacement is a real property construction activity under s. 77.51 (2).

SB40-ASA1, s. 2297m Section 2297m. 77.52 (2) (a) 11. of the statutes is amended to read:

SB40-ASA1,1100,23 77.52 (2) (a) 11. The producing, fabricating, processing, printing or imprinting of tangible personal property, items and property under sub. (1) (b) and (c), specified digital goods, and additional digital goods for a consideration for consumers who furnish directly or indirectly the materials used in the producing, fabricating, processing, printing or imprinting. This subdivision does not apply to the printing or imprinting of tangible personal property, items and property under sub. (1) (b) and (c), specified digital goods, and additional digital goods which will be subsequently transported outside the state for use outside the state by the consumer for advertising purposes.

SB40-ASA1, s. 2297p Section 2297p. 77.52 (2) (a) 11. of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed and recreated to read:

SB40-ASA1,1101,8 77.52 (2) (a) 11. The producing, fabricating, processing, printing or imprinting of tangible personal property, items and property under sub. (1) (b) and (c), specified digital goods, and additional digital goods for a consideration for consumers who furnish directly or indirectly the materials used in the producing, fabricating, processing, printing or imprinting. This subdivision does not apply to the printing or imprinting of tangible personal property, items and property under sub. (1) (b) and (c), specified digital goods, and additional digital goods that results in printed material, catalogs, or envelopes that are exempt under s. 77.54 (25) or (25m).

SB40-ASA1, s. 1999 Section 1999. 77.52 (2) (a) 13m. of the statutes is created to read:

SB40-ASA1,1101,16 77.52 (2) (a) 13m. The sale of contracts, including service contracts, maintenance agreements, and warranties, that provide, in whole or in part, for the future performance of or payment for the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance of tangible personal property, specified digital goods, and additional digital goods, unless the sale, lease, or rental in this state of the property, items, or digital goods to which the contract relates is or was exempt, to the purchaser of the contract, from taxation under this subchapter.

SB40-ASA1, s. 2000 Section 2000. 77.52 (2m) (a) of the statutes is amended to read: