SB346: Bill Text

SB346, s. 26 Section 26. 77.59 (5) of the statutes is amended to read:

SB346,12,20 77.59 (5) The department may offset the amount of any refund for a period, together with interest on the refund, against deficiencies for another period, and against penalties and interest on the deficiencies, or against any amount of whatever kind, due and owing on the books of the department from the person claiming who is entitled to the refund. If the refund is to be paid to a buyer, the department may also set off amounts in the manner in which it sets off income tax and franchise tax refunds under s. 71.93 and may set off amounts for child support or maintenance or both in the manner in which it sets off income taxes under ss. 49.855 and 71.93 (3), (6) and (7).

SB346, s. 27 Section 27. 77.61 (3) of the statutes is amended to read:

SB346,13,3 77.61 (3) The department shall provide A retailer shall use either a bracket system to be used by retailers in collecting or a straight mathematical computation, under rules promulgated by the department, to determine the amount of the tax that the retailer may collect from their the retailer's customers, but the use of such brackets either a bracket system or a straight mathematical computation shall not relieve the retailer from liability for payment of the full amount of the tax levied by ss. 77.51 to 77.62.

SB346, s. 28 Section 28. 77.9941 (4) of the statutes is amended to read:

SB346,13,8 77.9941 (4) Sections 77.72 (1), (2) (a) and (3) (a), 77.73, 77.74, 77.75, 77.76 (1), (2) and (4), 77.77 (1) and (2), 77.785 (1) and 77.79, as they apply to the taxes under subch. V, apply to the tax under this subchapter. Section 77.58 (3) (c), as it applies to the taxes under subch. III, applies to the tax under this subchapter.

SB346, s. 29 Section 29. 77.9964 (2) of the statutes is amended to read:

SB346,13,15 77.9964 (2) Except as provided in s. 77.9961 (4), sections ss. 71.74 (1) to (3), (7) and (9), 71.75 (1), (2), (6), (7), (9) and (10), 71.77 (1) and (4) to (8), 71.78 (1) to (4) and (5) to (8), 71.80 (1) (a) and (b), (4) to (6), (8) to (12), (14), and (17) and (18) to (19), 71.82 (1) and (2) (a) and (b), 71.83 (1) (a) 1. and 2. and (b) 1., 2. and 6., (2) (a) 1. to 3. and (b) 1. to 3. and (3), 71.87, 71.88, 71.89, 71.90, 71.91 (1) (a), (2) and (4) to (6) and 71.93, as they apply to the taxes under ch. 71, apply to the fees under this subchapter.

SB346, s. 30 Section 30. 78.39 (5d) of the statutes is created to read:

SB346,13,17 78.39 (5d) "Pay" has the meaning given in s. 78.005 (13b).

SB346, s. 31 Section 31. 78.39 (5m) of the statutes is created to read:

SB346,13,19 78.39 (5m) "Sign" has the meaning given in s. 78.005 (13r).

SB346, s. 32 Section 32. 78.68 (10) of the statutes is amended to read:

SB346,13,25 78.68 (10) Except as provided in ss. 78.19, 78.20 (2) and 78.75 (1m) (b), s. 71.75 (2), (4) to (7) and (10), as it applies to the taxes under ch. 71, applies to the taxes under this chapter. Section 71.74 (13), as it applies to refunds of the taxes under ch. 71, applies to the refund of the taxes under this chapter and s. 71.80 (19), as it applies to tax returns filed under ch. 71, applies to returns filed under this chapter.

SB346, s. 33 Section 33. 139.11 (2r) of the statutes is created to read:

SB346,14,3 139.11 (2r) Whole dollar amounts. Section 71.80 (19), as it applies to a tax return filed under ch. 71, applies to a report filed under this subchapter.

SB346, s. 34 Section 34. 139.38 (2r) of the statutes is created to read:

SB346,14,6 139.38 (2r) Section 71.80 (19), as it applies to a tax return filed under ch. 71, applies to a report filed under this subchapter.

SB346, s. 35 Section 35. 139.75 (9m) of the statutes is created to read:

SB346,14,8 139.75 (9m) "Sign" has the meaning given in s. 139.01 (9m).

SB346, s. 36 Section 36. 139.82 (2r) of the statutes is created to read:

SB346,14,11 139.82 (2r) Section 71.80 (19), as it applies to a tax return filed under ch. 71, applies to a report filed under this subchapter.

SB346, s. 37 Section 37. Nonstatutory provisions.

SB346,14,21 (1) Refunds and taxes collected erroneously. Notwithstanding section 77.59 (5m) of the statutes, as affected by this act, a seller who is required to submit to a buyer a refund or a tax collected erroneously under section 77.59 (5m) of the statutes, as affected by this act, from sales that occurred after August 31, 1994, but before the effective date of this subsection shall submit that refund or tax to the buyer, or to the department of revenue if the seller cannot locate the buyer, within 60 days after the effective date of this subsection. A refund or tax that is not submitted to the buyer or to the department of revenue within that period is subject to the penalties imposed under section 77.59 (5m) of the statutes, as affected by this act.

SB346, s. 38 Section 38. Initial applicability.

SB346,15,2 (1) Refunds and taxes collected erroneously. The treatment of sections 50.14 (4), 73.01 (4) (a) and 77.59 (4) (c) and (5) of the statutes first applies retroactively to refunds that were due on sales that first occurred on September 1, 1994, and to taxes first collected erroneously on September 1, 1994.

SB346,15,5 (2) Married persons' tax liability. The treatment of section 71.10 (6) (a) and (b) and (6m) (a) of the statutes first applies to tax liability that arises on the effective date of this subsection or that remains unpaid on the effective date of this subsection.

SB346,15,7 (3) Withholding reports. The treatment of section 71.65 (5) (a) 1. of the statutes first applies to withholding reports that are due on January 31, 2000.

SB346, s. 39 Section 39. Effective dates. This act takes effect on the day after publication, except as follows:

SB346,15,12 (1) Refunds and taxes collected erroneously. The treatment of sections 50.14 (4), 73.01 (4) (a) and 77.59 (4) (c) and (5) of the statutes takes effect retroactively to September 1, 1994.

SB346,15,16 (2) Sales and use tax exemptions and computations. The treatment of sections 77.51 (20m) and (22m), 77.54 (3) (b) 3. and (5) (b) and (c), (6) (a) and (26m) and 77.61 (3) of the statutes takes effect on the first day of the 2nd month beginning after publication.

SB346,15,17 (End)