Amendment SSA1-AB75

AB75-SSA1,987,23 73.0305 Revenue limits and intradistrict transfer aid calculations. The department of revenue shall annually determine and certify to the state superintendent of public instruction, no later than the 4th Monday in June, the allowable rate of increase under subch. VII of ch. 121. The allowable rate of increase is the percentage change, if not negative, in the consumer price index for all urban consumers, U.S. city average, between the preceding March 31 and the 2nd preceding March 31, as computed by the federal department of labor.

AB75-SSA1, s. 1818g Section 1818g. 76.10 (1) of the statutes is amended to read:

AB75-SSA1,988,22 76.10 (1) Every company defined in s. 76.02 shall, on or before October 1 in each year, be entitled, on its own motion, to present evidence before the department relating to the state assessment made in the preceding year pursuant to s. 70.575. On request, in writing, for such hearing or presentation, the department shall fix a time therefor within 60 days after such application is filed, the same to be conducted in such manner as the department directs. Notice of such hearing shall be mailed to any company requesting a hearing and shall be published in the official state paper on the department's Web site for a reasonable period of time. Within 30 days after the conclusion of such hearing the department shall enter an order either affirming the state assessment or ordering correction thereof as provided in sub. (2). A copy of such order shall be sent by certified mail to the company or companies requesting such hearing and to any interested party who has made an appearance in such proceeding. The department may, on its own motion, correct such state assessment. Any company having filed application for review of the state assessment pursuant to this section, or any other interested party participating in such hearing, if aggrieved by the order entered by the department, may bring an action in the circuit court for Dane County within 30 days after the entry of such order to have said order set aside and a redetermination made of the state assessment. In any such action or in any hearing before the department pursuant to this section, any interested party may appear and be heard. An interested party includes any division of government whose revenues would be affected by any adjustment of the state assessment.

AB75-SSA1, s. 1827 Section 1827. 76.67 (2) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,989,10 76.67 (2) If any domestic insurer is licensed to transact insurance business in another state, this state may not require similar insurers domiciled in that other state to pay taxes greater in the aggregate than the aggregate amount of taxes that a domestic insurer is required to pay to that other state for the same year less the credits under ss. 76.635, 76.636, 76.637, 76.638, and 76.655, except that the amount imposed shall not be less than the total of the amounts due under ss. 76.65 (2) and 601.93 and, if the insurer is subject to s. 76.60, 0.375% of its gross premiums, as calculated under s. 76.62, less offsets allowed under s. 646.51 (7) or under ss. 76.635, 76.636, 76.637, 76.638, and 76.655 against that total, and except that the amount imposed shall not be less than the amount due under s. 601.93.

AB75-SSA1, s. 1829 Section 1829. Chapter 77 (title) of the statutes is amended to read:

AB75-SSA1,989,24 CHAPTER 77 TAXATION OF FOREST CROPLANDS; REAL ESTATE TRANSFER FEES; SALES AND USE TAXES; COUNTY, transit authority, AND SPECIAL DISTRICT SALES AND USE TAXES; MANAGED FOREST LAND; RECYCLING SURCHARGE; LOCAL FOOD AND BEVERAGE TAX; LOCAL RENTAL CAR TAX; Premier resort area taxes; state rental vehicle fee; dry cleaning fees; regional transit krm authority fee;

AB75-SSA1,989,25 oil company Profits tax

AB75-SSA1, s. 1830 Section 1830. 77.25 (8n) of the statutes is created to read:

AB75-SSA1,990,3 77.25 (8n) Between an individual and his or her domestic partner under ch. 770.

AB75-SSA1, s. 1830b Section 1830b. 77.51 (1a) (a) 5. of the statutes is created to read:

AB75-SSA1,990,5 77.51 (1a) (a) 5. Newspapers or other news or information products.

AB75-SSA1, s. 1830c Section 1830c. 77.51 (1a) (b) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,990,11 77.51 (1a) (b) For purposes of this subchapter, the sale, license, lease, or rental of or the storage, use, or other consumption of a digital code is treated the same as the sale, license, lease, or rental of or the storage, use, or other consumption of any additional digital goods for which the digital code relates.

AB75-SSA1, s. 1830d Section 1830d. 77.51 (2) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,991,7 77.51 (2) "Contractors" and "subcontractors" are the consumers of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) used by them in real property construction activities and the sales and use tax applies to the sale of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) to them. A contractor engaged primarily in real property construction activities may use resale certificates only with respect to purchases of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) 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 tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d). In this subsection, "real property construction activities" means activities that occur at a site where tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) that are applied or adapted to the use or purpose to which real property is devoted are 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" does not include affixing property subject to tax under s. 77.52 (1) (c) to real property or affixing to real property tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) that remain remains tangible personal property after they are it is affixed.

AB75-SSA1, s. 1830e Section 1830e. 77.51 (3rm) (intro.) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,991,13 77.51 (3rm) (intro.) "Finished artwork" means the final art used for actual reproduction by photomechanical or other processes or for display purposes, but does not include Web site or home page designs. "Finished artwork" also includes all of the following items regardless of whether such items are reproduced:

AB75-SSA1, s. 1830f Section 1830f. 77.51 (7h) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-SSA1,991,23 77.51 (7h) (a) (intro.) "Manufacturing" means the production by machinery of a new article of tangible personal property or item or property under s. 77.52 (1) (b) or (c) with a different form, use, and name from existing materials, by a process popularly regarded as manufacturing, and that begins with conveying raw materials and supplies from plant inventory to the place where work is performed in the same plant and ends with conveying finished units of tangible personal property or item or property under s. 77.52 (1) (b) or (c) to the point of first storage in the same plant. "Manufacturing" includes:

AB75-SSA1, s. 1831 Section 1831. 77.51 (7h) (a) 3. of the statutes is created to read:

AB75-SSA1,992,8 77.51 (7h) (a) 3. Conveying work in progress directly from one manufacturing process to another in the same plant; testing or inspecting, throughout the manufacturing process, the new article of tangible personal property that is being manufactured; storing work in progress in the same plant where the manufacturing occurs; assembling finished units of tangible personal property; and packaging a new article of tangible personal property, if the manufacturer, or another person on the manufacturer's behalf, performs the packaging and if the packaging becomes part of the new article as it is customarily offered for sale by the manufacturer.

AB75-SSA1, s. 1831b Section 1831b. 77.51 (7h) (a) 3. of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-SSA1,992,20 77.51 (7h) (a) 3. Conveying work in progress directly from one manufacturing process to another in the same plant; testing or inspecting, throughout the manufacturing process, the new article of tangible personal property or item or property under s. 77.52 (1) (b) or (c) that is being manufactured; storing work in progress in the same plant where the manufacturing occurs; assembling finished units of tangible personal property or item or property under s. 77.52 (1) (b) or (c); and packaging a new article of tangible personal property or items or property under s. 77.52 (1) (b) or (c), if the manufacturer, or another person on the manufacturer's behalf, performs the packaging and if the packaging becomes part of the new article as it is customarily offered for sale by the manufacturer.

AB75-SSA1, s. 1832 Section 1832. 77.51 (7h) (b) of the statutes is created to read:

AB75-SSA1,992,24 77.51 (7h) (b) "Manufacturing" does not include storing raw materials or finished units of tangible personal property, research or development, delivery to or from the plant, or repairing or maintaining plant facilities.

AB75-SSA1, s. 1833 Section 1833. 77.51 (10) of the statutes is amended to read:

AB75-SSA1,993,9 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, including any unit or division of the state, any county, city, village, town, municipal utility, municipal power district or other governmental unit, cooperative, unincorporated cooperative association, estate, trust, receiver, personal representative, 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.

AB75-SSA1, s. 1833b Section 1833b. 77.51 (10) of the statutes, as affected by 2009 Wisconsin Acts 2 and .... (this act), is repealed and recreated to read:

AB75-SSA1,993,19 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, including any unit or division of the state, any county, city, village, town, municipal utility, municipal power district or other governmental unit, cooperative, unincorporated cooperative association, estate, trust, receiver, personal representative, any other fiduciary, any other legal entity, and any representative appointed by order of any court or otherwise acting on behalf of others.

AB75-SSA1, s. 1834 Section 1834. 77.51 (10b) of the statutes is created to read:

AB75-SSA1,993,24 77.51 (10b) For purposes of sub. (7h), "plant" means a parcel of property or adjoining parcels of property, including parcels that are separated only by a public road, and the buildings, machinery, and equipment that are located on the parcel, that are owned by or leased to the manufacturer.

AB75-SSA1, s. 1835 Section 1835. 77.51 (10c) of the statutes is created to read:

AB75-SSA1,994,2 77.51 (10c) For purposes of sub. (7h), "plant inventory" does not include unsevered mineral deposits.

AB75-SSA1, s. 1835d Section 1835d. 77.51 (12m) (b) 9. of the statutes is created to read:

AB75-SSA1,994,5 77.51 (12m) (b) 9. The police and fire protection fee imposed under s. 196.025 (6).

AB75-SSA1, s. 1835e Section 1835e. 77.51 (13) (k) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,994,10 77.51 (13) (k) With respect to a lease, any person deriving rentals from a lease of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) situated in sourced to this state as provided under s. 77.522.

AB75-SSA1, s. 1835f Section 1835f. 77.51 (13g) (a) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,994,18 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, or goods under s. 77.52 (1) (b), or (c), or (d), 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.

AB75-SSA1, s. 1836 Section 1836. 77.51 (13g) (d) of the statutes is created to read:

AB75-SSA1,995,2 77.51 (13g) (d) Any person who has an affiliate in this state, if the person is related to the affiliate and if the affiliate uses facilities or employees in this state to advertise, promote, or facilitate the establishment of or market for sales of items by the related person to purchasers in this state or for providing services to the related person's purchasers in this state, including accepting returns of purchases or resolving customer complaints. For purposes of this paragraph, 2 persons are related if any of the following apply:

AB75-SSA1,995,7 1. One person, or each person, is a corporation and one person and any person related to that person in a manner that would require a stock attribution from the corporation to the person or from the person to the corporation under section 318 of the Internal Revenue Code owns directly, indirectly, beneficially, or constructively at least 50 percent of the corporation's outstanding stock value.

AB75-SSA1,995,11 2. One person, or each person, is a partnership, estate, or trust and any partner or beneficiary; and the partnership, estate, or trust and its partners or beneficiaries; own directly, indirectly, beneficially, or constructively, in the aggregate, at least 50 percent of the profits, capital, stock, or value of the other person or both persons.

AB75-SSA1,995,15 3. An individual stockholder and the members of the stockholder's family, as defined in section 318 of the Internal Revenue Code, owns directly, indirectly, beneficially, or constructively, in the aggregate, at least 50 percent of both persons' outstanding stock value.

AB75-SSA1, s. 1836c Section 1836c. 77.51 (14) (j) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,995,21 77.51 (14) (j) The granting of possession of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) by a lessor to a lessee, or to another person at the direction of the lessee. Such a transaction involving tangible personal property is deemed a continuing sale in this state.

AB75-SSA1, s. 1836d Section 1836d. 77.51 (14a) of the statutes is created to read:

AB75-SSA1,995,24 77.51 (14a) For purposes of ss. 77.54, 77.55, and 77.56, "sale" includes licenses, leases, and rentals.

AB75-SSA1, s. 1836e Section 1836e. 77.51 (15b) (b) 9. of the statutes is created to read:

AB75-SSA1,996,2 77.51 (15b) (b) 9. The police and fire protection fee imposed under s. 196.025 (6).

AB75-SSA1, s. 1836f Section 1836f. 77.51 (17x) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,996,9 77.51 (17x) "Specified digital goods" means digital audio works, digital audiovisual works, and digital books. For purposes of this subchapter, the sale, license, lease, or rental of or the storage, use, or other consumption of a digital code is treated the same as the sale, license, lease, or rental of or the storage, use, or other consumption of any specified digital goods for which the digital code relates.

AB75-SSA1, s. 1836g Section 1836g. 77.51 (20) of the statutes, as affected by 2009 Wisconsin Act 2, section 333, is amended to read:

AB75-SSA1,996,15 77.51 (20) "Tangible personal property" means personal property that can be seen, weighed, measured, felt, or touched, or that is in any other manner perceptible to the senses, and includes electricity, gas, steam, water, and prewritten computer software, regardless of how it is delivered to the purchaser.

AB75-SSA1, s. 1836h Section 1836h. 77.51 (24) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,996,22 77.51 (24) "Value-added nonvoice data service" means a service that otherwise meets the definition of telecommunications services, in which computer processing applications are used to act on the form, content, code, or protocol of the information or data provided by the service and are used primarily for a purpose other than for transmitting, conveying, or routing data.

AB75-SSA1, s. 1836i Section 1836i. 77.52 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,997,6 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 sales price from the sale, license, lease or rental of tangible personal property, including accessories, components, attachments, parts, supplies and materials, sold, licensed, leased or rented at retail in this state, as determined under s. 77.522.

AB75-SSA1, s. 1836j Section 1836j. 77.52 (1) (b) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,997,13 77.52 (1) (b) For the privilege of selling, licensing, leasing, or renting at retail coins and stamps of the United States that are sold, licensed, leased, rented, 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, license, lease, or rental of such coins and stamps.

AB75-SSA1, s. 1837 Section 1837. 77.52 (2) (a) 2. a. of the statutes is amended to read:

AB75-SSA1,997,23 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.

AB75-SSA1, s. 1838 Section 1838. 77.52 (2) (a) 2. c. of the statutes is created to read:

AB75-SSA1,998,3 77.52 (2) (a) 2. c. Taxable sales do not include the sale of admissions by a nonprofit organization to participate in any sports activity in which more than 50 percent of the participants are 19 years old or younger.

AB75-SSA1, s. 1839 Section 1839. 77.52 (2) (a) 8m. of the statutes is created to read:

AB75-SSA1,998,9 77.52 (2) (a) 8m. The towing and hauling of motor vehicles by a tow truck, as defined in s. 340.01 (67n), unless at the time of towing or hauling a sale in this state of the motor vehicle to the purchaser would be exempt from the taxes imposed under this subchapter, not including the exempt sale of a motor vehicle to a nonresident under s. 77.54 (5) (a) and nontaxable sales described under s. 77.51 (14r).

AB75-SSA1, s. 1839b Section 1839b. 77.52 (2) (a) 8m. of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-SSA1,998,17 77.52 (2) (a) 8m. The towing and hauling of motor vehicles by a tow truck, as defined in s. 340.01 (67n), unless at the time of towing or hauling a sale sourced to this state under s. 77.522 of the motor vehicle to the purchaser would be exempt from the taxes imposed under this subchapter, not including the exempt sale of a motor vehicle to a nonresident under s. 77.54 (5) (a) and nontaxable sales described under s. 77.585 (8).

AB75-SSA1, s. 1839d Section 1839d. 77.52 (2) (a) 10. of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,999,17 77.52 (2) (a) 10. Except for services provided by veterinarians and except for installing or applying tangible personal property, or items or goods under sub. (1) (b) or (d), 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 or items, property, or goods under s. 77.52 sub. (1) (b), (c), or (d), unless, at the time of that repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance, a sale in this state of the type of property, item, or good 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. 77.522 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 or items, property, or goods under s. 77.52 sub. (1) (b), (c), or (d) 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 installation or replacement is a real property construction activity under s. 77.51 (2).

AB75-SSA1, s. 1840d Section 1840d. 77.52 (12) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,999,26 77.52 (12) A person who operates as a seller in this state without a permit or after a permit has been suspended or revoked or has expired, unless the person has a temporary permit under sub. (11), and each officer of any corporation, partnership member, limited liability company member, or other person authorized to act on behalf of a seller who so operates, is guilty of a misdemeanor. Permits Except for a person who is registered in accordance with the agreement, as defined in s. 77.65 (2) (a), permits shall be held only by persons actively operating as sellers of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or taxable services. Any person not so operating shall forthwith surrender that person's permit to the department for cancellation. The department may revoke the permit of a person found not to be actively operating as a seller of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or taxable services.

AB75-SSA1, s. 1840dm Section 1840dm. 77.522 (1) (b) (intro.) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,1000,10 77.522 (1) (b) (intro.) Except as provided in par. (c) and subs. (2), (3), (4), and (5), the location of a sale is determined as follows:

AB75-SSA1, s. 1840e Section 1840e. 77.522 (1) (b) 5. b. of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,1000,16 77.522 (1) (b) 5. b. If the item sold is a digital good or computer software delivered electronically, the sale is sourced to the location from which the digital good or computer software was first available for transmission by the seller, not including any location that merely provided the digital transfer of the product sold.

AB75-SSA1, s. 1840f Section 1840f. 77.522 (2) of the statutes, as created by 2009 Wisconsin Act 2, is repealed.

AB75-SSA1, s. 1840fd Section 1840fd. 77.522 (3) (a) of the statutes, as created by 2009 Wisconsin Act Wisconsin Act 2, is amended to read:

AB75-SSA1,1001,7 77.522 (3) (a) Except as provided in pars. (b) and (c), with regard to the first or only payment on the lease or rental, the lease or rental of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) is sourced to the location determined under sub. (1) (b). If the property, item, or good is moved from the place where the property, item, or good was initially delivered, the subsequent Subsequent periodic payments on the lease or rental are sourced to the property's, item's, or good's primary location as indicated by an address for the property, item, or good that is provided by the lessee and that is available to the lessor in records that the lessor maintains in the ordinary course of the lessor's business, if the use of such an address does not constitute bad faith. The location of a lease or rental as determined under this paragraph shall not be altered by any intermittent use of the property, item, or good at different locations.

AB75-SSA1, s. 1840g Section 1840g. 77.522 (3) (d) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,1001,12 77.522 (3) (d) A license of tangible personal property or items or, property, or goods under s. 77.52 (1) (b) or, (c), or (d) shall be treated as a lease or rental of such tangible personal property, items, property, or goods under this subsection.

AB75-SSA1, s. 1840h Section 1840h. 77.53 (1) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-SSA1,1002,4 77.53 (1) Except as provided in sub. (1m), an excise tax is levied and imposed on the use or consumption in this state of taxable services under s. 77.52 purchased from any retailer, at the rate of 5% of the purchase price of those services; on the storage, use or other consumption in this state of tangible personal property and items or property under s. 77.52 (1) (b) or (c) purchased from any retailer, at the rate of 5% of the purchase price of the property or items; on the storage, use, or other consumption of goods in this state under s. 77.52 (1) (d) purchased from any retailer, if the purchaser has the right to use the goods on a permanent or less than permanent basis and regardless of whether the purchaser is required to make continued payments for such right, at the rate of 5 percent of the sales purchase price of the goods; and on the storage, use or other consumption of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) manufactured, processed or otherwise altered, in or outside this state, by the person who stores, uses or consumes it, from material purchased from any retailer, at the rate of 5% of the purchase price of that material.

AB75-SSA1, s. 1841 Section 1841. 77.53 (16m) of the statutes is created to read:

AB75-SSA1,1002,14 77.53 (16m) If the purchase, rental, or lease of tangible personal property or service subject to the tax imposed by this section occurred on tribal lands and, prior to imposing the tax under this subchapter, was subject to a sales tax by a federally recognized American Indian tribe or band in this state, the amount of sales tax paid to the tribe or band may, as determined by an agreement between the department and the tribal council under s. 73.03 (65), be applied as a credit against and deducted from the tax, to the extent thereof, imposed by this section. In this subsection "sales tax" includes a use or excise tax imposed on the use of tangible personal property or taxable service by the tribe or band.

AB75-SSA1, s. 1841b Section 1841b. 77.53 (16m) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-SSA1,1003,2 77.53 (16m) If the purchase, rental, license, or lease of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or service subject to the tax imposed by this section was sourced to tribal lands and, prior to imposing the tax under this subchapter, was subject to a sales tax by a federally recognized American Indian tribe or band in this state, the amount of sales tax paid to the tribe or band may, as determined by an agreement between the department and the tribal council under s. 73.03 (65), be applied as a credit against and deducted from the tax, to the extent thereof, imposed by this section. In this subsection "sales tax" includes a use or excise tax imposed on the use of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable service by the tribe or band.

AB75-SSA1, s. 1841d Section 1841d. 77.54 (1) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read: