Amendment ASA1-AB40

AB40-ASA1,1494 Section 1494. 77.54 (57) (b) 2. of the statutes is repealed.

AB40-ASA1,1495 Section 1495. 77.54 (57) (b) 4. of the statutes is amended to read:

AB40-ASA1,857,22 77.54 (57) (b) 4. The items listed in sub. (3m) (a) to (m), medicines drugs, semen for artificial insemination, fuel, and electricity that are used exclusively and directly in raising animals that are sold primarily to a biotechnology business, a public or private institution of higher education, or a governmental unit for exclusive and direct use by any such entity in qualified research or manufacturing.

AB40-ASA1,1496 Section 1496. 77.54 (57d) of the statutes is created to read:

AB40-ASA1,857,24 77.54 (57d) (a) In this subsection:

AB40-ASA1,857,25 1. "Building" has the meaning given in s. 70.111 (10) (a) 1.

AB40-ASA1,858,1 2. "Combined group" has the meaning given in s. 71.255 (1) (a).

AB40-ASA1,858,2 3. "Machinery" has the meaning given in s. 70.11 (27) (a) 2.

AB40-ASA1,858,5 4. "Qualified research" means qualified research as defined under section 41 (d) (1) of the Internal Revenue Code, except that it includes qualified research that is funded by a member of a combined group for another member of a combined group.

AB40-ASA1,858,6 5. "Used exclusively" has the meaning given in sub. (3) (b) 3.

AB40-ASA1,858,11 (b) The sales price from the sale of and the storage, use, or other consumption of machinery and equipment, including attachments, parts, and accessories, and other tangible personal property or items or property under s. 77.52 (1) (b) or (c) that are sold to any of the following and that are consumed or destroyed or lose their identities while being used exclusively and directly in qualified research:

AB40-ASA1,858,13 1. A person engaged in manufacturing in this state at a building assessed under s. 70.995.

AB40-ASA1,858,14 2. A person engaged primarily in biotechnology in this state.

AB40-ASA1,858,17 3. A combined group member who is conducting qualified research for another combined group member and that other combined group member is a person described under subd. 1. or 2.

AB40-ASA1,1497 Section 1497. 77.54 (60) of the statutes is created to read:

AB40-ASA1,859,2 77.54 (60) (a) In this subsection, "lump sum contract" means a contract to perform real property construction activities and to provide tangible personal property, items or property under s. 77.52 (1) (b) or (c), or taxable services and for which the contractor quotes the charge for labor, services of subcontractors, tangible personal property, items and property under s. 77.52 (1) (b) and (c), and taxable services as one price, including a contract for which the contractor itemizes the charges for labor, services of subcontractors, tangible personal property, items and property under s. 77.52 (1) (b) and (c), and taxable services as part of a schedule of values or similar document.

AB40-ASA1,859,9 (b) The sales price from the sale of and the storage, use, or other consumption of tangible personal property, items and property under s. 77.52 (1) (b) and (c), and taxable services that are sold by a contractor as part of a lump sum contract, if the total sales price of all such taxable products is less than 10 percent of the total amount of the lump sum contract. Except as provided in par. (c), the contractor is the consumer of such taxable products and shall pay the tax imposed under this subchapter on the taxable products.

AB40-ASA1,859,16 (c) If the lump sum contract is entered into with an entity that is exempt from taxation under sub. (9a), the contractor is the consumer of all taxable products used by the contractor in real property construction activities, but the contractor may purchase without tax, for resale, tangible personal property, items and property under s. 77.52 (1) (b) and (c), and taxable services that are sold by the contractor as part of the lump sum contract with the entity and that are not consumed by the contractor in real property construction activities.

AB40-ASA1,1497d Section 1497d. 77.54 (61) of the statutes is created to read:

AB40-ASA1,859,23 77.54 (61) The sales price from the sale of and the storage, use, or other consumption of the following by a person primarily engaged in commercial printing, not including screen printing or book printing, without publishing, except for gray goods; printing, or printing and binding, books or pamphlets without publishing the books or pamphlets; or performing prepress and postpress services in support of printing activities:

AB40-ASA1,859,25 (a) Computers and servers that are used to store copies of the product that are sent to a printing press.

AB40-ASA1,860,3 (b) Tangible personal property purchased from out-of-state sellers that are temporarily stored, remain idle, and not used in this state for not more than 180 days and that are then delivered and used outside of this state.

AB40-ASA1,1498 Section 1498. 77.58 (1) (a) of the statutes is amended to read:

AB40-ASA1,860,8 77.58 (1) (a) If the amount of tax for any calendar quarter exceeds $600 $1,200, the department may require by written notice to the taxpayer that the taxes imposed on and after the date specified in the notice are due and payable on the last day of the month next succeeding the calendar month for which imposed.

AB40-ASA1,1499d Section 1499d. 77.585 (10) of the statutes is created to read:

AB40-ASA1,860,20 77.585 (10) A retailer who receives an exemption certificate that complies with s. 77.52 (14) after reporting a sale covered by the exemption certificate as taxable, having paid the tax to the department, and having returned to the buyer in cash or in credit all tax previously paid by the buyer, may claim a deduction on the return filed for the reporting period in which the exemption certificate is received, for the sales price or purchase price previously reported as taxable. This subsection does not apply if the reporting period in which the exemption certificate is received is in a taxable year of the retailer that is subsequent to the taxable year of the retailer in which the sale covered by the exemption certificate occurred. For purposes of this subsection, the taxable year of the retailer is the same as the retailer's taxable year under ch. 71.

AB40-ASA1,1500 Section 1500. 77.59 (4) (a) of the statutes is amended to read:

AB40-ASA1,861,18 77.59 (4) (a) Except as provided in sub. (3m), at any time within 4 years after the due date, or in the case of buyers the unextended due date, of a person's corresponding Wisconsin income or franchise tax return or, if exempt, within 4 years of the 15th day of the 4th month of the year following the close of the calendar or fiscal year for which that person files a claim, that person may, unless a determination by the department by office or field audit of a seller has been made and unless a determination by office audit of a buyer other than an audit in which the tax that is the subject of the refund claim was not adjusted has been made and unless a determination by field audit of the buyer has been made, file with the department a claim for refund of taxes paid to the department by that person. If the amount of the claim is at least $50 or if either the seller has ceased doing business, the buyer is being field audited or the seller may no longer file a claim, the buyer may, within the time period under this subsection, file a claim with the department for a refund of the taxes paid to the seller. A claim is timely if it fulfills the requirements under s. 77.61 (14). A buyer may claim a refund under this paragraph only on a form prescribed by the department, only by signing that form and only if the seller signs the form unless the department waives that requirement. If both a buyer and a seller file a valid claim for the same refund, the department may pay either claim. The claim for refund shall be regarded as a request for determination. The determination thus requested shall be made by the department within one year after the claim for refund is received by it unless the taxpayer has consented in writing to an extension of the one-year time period prior to its expiration.

AB40-ASA1,1500b Section 1500b. 77.59 (6) (b) of the statutes is amended to read:

AB40-ASA1,862,2 77.59 (6) (b) Appeals from the department's redeterminations shall be governed by the statutes applicable to income or franchise tax appeals but all appeals from decisions of the tax appeals commission with respect to the taxes imposed by this subchapter shall be appealed to the circuit court for Dane County or to the circuit court for the county where the taxpayer's commercial domicile, as defined in s. 71.01 (1b), is located, where the taxpayer owns other property, or where the taxpayer transacts business in this state.

AB40-ASA1,1501 Section 1501. 77.62 (intro.) of the statutes is amended to read:

AB40-ASA1,862,9 77.62 Collection of delinquent sales and use taxes. (intro.) The department of revenue may exercise the powers vested in it by ss. 71.80 (12), 71.82 (2), 71.91 (1) (a) and (c), (2) to (5m) and (7), 71.92 and 73.0301 in connection with collection of delinquent sales and use taxes including, without limitation because of enumeration, the power incorporated by reference in s. 71.91 (5) (j), and the power to:

AB40-ASA1,1501b Section 1501b. 77.88 (3g) of the statutes is created to read:

AB40-ASA1,862,14 77.88 (3g) Withdrawal for construction of a residence. (a) In this subsection, "parcel" means the acreage of contiguous land that is under the same ownership and that is described in the application for designation of that land as managed forest land.

AB40-ASA1,862,17 (am) Except as provided in par. (b), upon the request of an owner to withdraw at least one acre of the owner's land as managed forest land, the department shall order withdrawal of the land if all of the following apply:

AB40-ASA1,862,19 1. The purpose for which the owner requests that the department withdraw the land is to construct a human residence.

AB40-ASA1,862,20 2. The land was designated as managed forest land before October 11, 1997.

AB40-ASA1,862,23 3. If the land is not subject to a city, village, town, or county zoning ordinance that establishes a minimum acreage for the construction of a human residence, the owner requests that the department withdraw not more than 3 acres of land.

AB40-ASA1,863,3 4. If the land is subject to a city, village, town, or county zoning ordinance that establishes a minimum acreage for the construction of a human residence that is more than one acre, the owner requests that the department withdraw not more than the acreage of land required by the applicable zoning ordinance for construction of a human residence.

AB40-ASA1,863,6 (b) The department may not order withdrawal of land under par. (am) from a parcel of managed forest land if the department has previously ordered withdrawal of land under par. (am) from that parcel of managed forest land.

AB40-ASA1,1501c Section 1501c. 77.88 (8) (b) of the statutes is amended to read:

AB40-ASA1,863,12 77.88 (8) (b) The department may not order withdrawal of land remaining after a transfer of ownership is made under par. (a) 1., 2., or 3. or, after a lease is entered into under par. (a) 3., or after the department orders withdrawal of land under sub. (3g) (am) unless the remainder fails to meet the eligibility requirements under s. 77.82 (1).

AB40-ASA1,1501d Section 1501d. 77.92 (1) of the statutes is repealed.

AB40-ASA1,1501e Section 1501e. 77.92 (4) of the statutes is repealed.

AB40-ASA1,1501f Section 1501f. 77.92 (4m) of the statutes is repealed.

AB40-ASA1,1501g Section 1501g. 77.92 (5) of the statutes is repealed.

AB40-ASA1,1501h Section 1501h. 77.93 (2) of the statutes is repealed.

AB40-ASA1,1501i Section 1501i. 77.93 (3) of the statutes is repealed.

AB40-ASA1,1501k Section 1501k. 77.93 (5) of the statutes is repealed.

AB40-ASA1,1501L Section 1501L. 77.94 (1) (intro.) and (a) of the statutes are consolidated, renumbered 77.94 (1) and amended to read:

AB40-ASA1,863,24 77.94 (1) (intro.) Except as provided in sub. (2), for taxable years beginning after December 31, 1999, the surcharge imposed under s. 77.93 is calculated as follows:

AB40-ASA1,864,5 (a) On a corporation under s. 77.93 (1) and (4), an amount equal to the amount calculated by multiplying gross tax liability for the taxable year of the corporation by 3%, or in the case of a tax-option corporation an amount equal to the amount calculated by multiplying net income under s. 71.34 by 0.2%, up to a maximum of $9,800, or $25, whichever is greater.

AB40-ASA1,1501m Section 1501m. 77.94 (1) (b) of the statutes is repealed.

AB40-ASA1,1501n Section 1501n. 77.94 (2) (a) 2. of the statutes is amended to read:

AB40-ASA1,864,10 77.94 (2) (a) 2. "Ceases to do business" includes but is not limited to a change in corporate form, the death of an individual and the occurrence of any event that creates a short taxable year for purposes of the taxes under ch. 71.

AB40-ASA1,1501p Section 1501p. 77.94 (2) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,864,15 77.94 (2) (b) (intro.) If an entity under s. 77.93 (1) to (4) begins to do business in this state after the beginning of its taxable year or ceases to do business in this state before the end of its taxable year, subject to the maximum and minimum surcharge, the surcharge imposed on it under s. 77.93 is calculated as follows:

AB40-ASA1,1501q Section 1501q. 77.94 (2) (b) 1. of the statutes is amended to read:

AB40-ASA1,865,2 77.94 (2) (b) 1. Multiply its gross tax liability or net business income for the taxable year by a fraction the numerator of which is 365 and, if the entity begins to do business in this state after the beginning of its taxable year, the denominator of which is the number of days from the day that it begins to do business in this state until the end of its taxable year and, if the entity ceases to do business in this state before the end of its taxable year, the denominator of which is the number of days from the beginning of its taxable year until the day that it ceases to do business in this state and, if the entity both begins to do business in this state after the beginning of its taxable year and ceases to do business in this state before the end of its taxable year, the denominator of which is the number of days from the day that it begins to do business in this state to the day that it ceases to do business in this state.

AB40-ASA1,1501r Section 1501r. 77.947 of the statutes is repealed.

AB40-ASA1,1501s Section 1501s. 77.96 (5) of the statutes is amended to read:

AB40-ASA1,865,9 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 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.

AB40-ASA1,1502 Section 1502. 77.982 (2) of the statutes is amended to read:

AB40-ASA1,865,16 77.982 (2) Sections 77.51 (1f), (3pf), (9p), (12m), (14), (14g), (15a), and (15b), 77.52 (1b), (3), (5), (13), (14), and (18) to (23), 77.54 (51) and (52), 77.58 (1) to (5), (6m), and (7), 77.522, 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (6), (8), (9), and (12) to (15), and (19m), and 77.62, as they apply to the taxes under subch. III, apply to the tax under this subchapter. Section 77.73, as it applies to the taxes under subch. V, applies to the tax under this subchapter.

AB40-ASA1,1503 Section 1503. 77.991 (2) of the statutes is amended to read:

AB40-ASA1,865,24 77.991 (2) Sections 77.51 (12m), (14), (14g), (15a), and (15b), 77.52 (1b), (3), (5), (13), (14), (18), and (19), 77.58 (1) to (5), (6m), and (7), 77.522, 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (6), (8), (9), and (12) to (15), and (19m), and 77.62, as they apply to the taxes under subch. III, apply to the tax under this subchapter. Section 77.73, as it applies to the taxes under subch. V, applies to the tax under this subchapter. The renter shall collect the tax under this subchapter from the person to whom the passenger car is rented.

AB40-ASA1,1503g Section 1503g. 77.994 (3) of the statutes is renumbered 77.994 (3) (a).

AB40-ASA1,1503h Section 1503h. 77.994 (3) (b) of the statutes is created to read:

AB40-ASA1,866,6 77.994 (3) (b) 1. Subject to subd. 2., any municipality that enacted an ordinance imposing the tax under sub. (1) that became effective before January 1, 2000, may amend the ordinance to increase the tax rate under this section to a maximum of 1.25 percent. The amended ordinance is effective on the dates provided under s. 77.9941 (1).

AB40-ASA1,866,8 2. Before an amendment to an ordinance that is described in subd. 1. may take effect, all of the following must occur:

AB40-ASA1,866,10 a. The governing body of the municipality must adopt a resolution proclaiming its intent to increase the rate of premier resort area tax.

AB40-ASA1,866,14 b. The resolution must be approved by a majority of the electors in the municipality voting on the resolution at a referendum, to be held at the first spring primary or election or partisan primary or general election following by at least 70 days the date of adoption of the resolution.

AB40-ASA1,1504 Section 1504. 77.9951 (2) of the statutes is amended to read:

AB40-ASA1,866,21 77.9951 (2) Sections 77.51 (3r), (12m), (14), (14g), (15a), and (15b), 77.52 (1b), (3), (5), (13), (14), (18), and (19), 77.58 (1) to (5), (6m), and (7), 77.522, 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (6), (8), (9), and (12) to (15), and (19m), and 77.62, as they apply to the taxes under subch. III, apply to the fee under this subchapter. The renter shall collect the fee under this subchapter from the person to whom the vehicle is rented.

AB40-ASA1,1505 Section 1505. 77.996 (6) of the statutes is amended to read:

AB40-ASA1,867,2 77.996 (6) "Gross receipts" means the sales price, as defined in s. 77.51 (15b), except as provided in s. 77.585 (7), of tangible personal property and taxable services sold by a dry cleaning facility. "Gross receipts" does not include the license fee imposed under s. 77.9961 (1m) that is passed on to customers.

AB40-ASA1,1506 Section 1506. 78.07 (1) of the statutes is amended to read:

AB40-ASA1,867,13 78.07 (1) Motor Except as provided in subs. (1a) and (3), motor vehicle fuel that is produced, refined, blended or manufactured, or imported for manufacturing, by any person at a refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture is received by a supplier when the motor vehicle fuel is removed from a refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture and placed in tank cars, tank trucks, tank wagons or other types of transportation equipment, containers or facilities at such refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture or when the motor vehicle fuel is placed in any tank or other container from which sales or deliveries not involving transportation of the motor vehicle fuel are made directly.

AB40-ASA1,1507 Section 1507. 78.07 (1a) of the statutes is created to read:

AB40-ASA1,867,18 78.07 (1a) Motor vehicle fuel shipped by pipeline spur to an airport hydrant system is received when the motor vehicle fuel is received from the main pipeline into the initial or primary storage facility or holding terminal by the owner of the storage facility or holding terminal.

AB40-ASA1,1508 Section 1508. 78.07 (3) of the statutes is amended to read:

AB40-ASA1,867,22 78.07 (3) Except as provided in sub. subs. (1) and (1a), motor vehicle fuel imported is received at the time and place of unloading by the person for whose account that shipment or delivery is made.

AB40-ASA1,1509 Section 1509. 78.68 (10) of the statutes is amended to read:

AB40-ASA1,868,3 78.68 (10) Except as provided in ss. 78.19, 78.20 (2) and 78.75 (1m) (b), s. 71.75 (2), and (4) to (7) and (10) as it applies to the taxes under ch. 71 applies to the taxes under this chapter. Section Sections 71.74 (13), 71.75 (9) and (10), 71.80 (3), 71.93, 71.935, and 73.03 (52), (52m), and (52n), as it applies they apply to refunds of the taxes under ch. 71 applies apply to the refund of the taxes under this chapter.

AB40-ASA1,1511d Section 1511d. 79.05 (6) (c) of the statutes is created to read:

AB40-ASA1,868,9 79.05 (6) (c) If a municipality receives payments from another governmental unit for providing a service to that other governmental unit, pursuant to a contract with the municipality, the municipality receiving the payments shall not include the amounts of the payments in its budget for the year in which it receives the payments, for the purpose of determining eligibility under sub. (2) (c).

AB40-ASA1,1512 Section 1512. 79.095 (2) (a) of the statutes is amended to read:

AB40-ASA1,868,13 79.095 (2) (a) On or before May 1 the 2nd Monday in June, the value of the property that is exempt under s. 70.11 (39) and (39m) in each taxing jurisdiction for which the municipality assesses property.

AB40-ASA1,1513 Section 1513. 79.095 (4) of the statutes is amended to read: