OC7 SB1: Bill Text

SB1,1047,15 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).

SB1, s. 2229 Section 2229. 77.51 (13) (b) of the statutes is amended to read:

SB1,1047,21 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.

SB1, s. 2230 Section 2230. 77.51 (13) (c) of the statutes is amended to read:

SB1,1048,6 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.

SB1, s. 2231 Section 2231. 77.51 (13) (d) of the statutes is amended to read:

SB1,1048,11 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.

SB1, s. 2232 Section 2232. 77.51 (13) (e) of the statutes is amended to read:

SB1,1048,18 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 or items 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).

SB1, s. 2233 Section 2233. 77.51 (13) (f) of the statutes is amended to read:

SB1,1048,24 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).

SB1, s. 2234 Section 2234. 77.51 (13) (k) of the statutes is amended to read:

SB1,1049,3 77.51 (13) (k) As respects With regards 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.

SB1, s. 2235 Section 2235. 77.51 (13) (m) of the statutes is amended to read:

SB1,1049,8 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.

SB1, s. 2236 Section 2236. 77.51 (13) (n) of the statutes is amended to read:

SB1,1049,13 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.

SB1, s. 2237 Section 2237. 77.51 (13) (o) of the statutes is amended to read:

SB1,1049,16 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.

SB1, s. 2237d Section 2237d. 77.51 (13) (p) of the statutes is created to read:

SB1,1049,19 77.51 (13) (p) All persons described in this subsection regardless of all of the following:

SB1,1049,20 1. Whether the transaction is mercantile in nature.

SB1,1049,21 2. Whether the seller sells smaller quantities from inventory.

SB1,1049,22 3. Whether the seller makes or intends to make a profit on the sale.

SB1,1049,24 4. Whether the seller or the buyer receives a benefit the seller or buyer bargained for.

SB1,1049,25 5. The percentage of the seller's total sales that the sale represents.

SB1,1050,2 6. Any activities other than those described in pars. (a) to (o) in which the seller is engaged.

SB1, s. 2238 Section 2238. 77.51 (13g) (intro.) of the statutes is amended to read:

SB1,1050,6 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:

SB1, s. 2238b Section 2238b. 77.51 (13g) (a) of the statutes is amended to read:

SB1,1050,13 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.

SB1, s. 2238d Section 2238d. 77.51 (13g) (b) of the statutes is amended to read:

SB1,1050,19 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.

SB1, s. 2239 Section 2239. 77.51 (13g) (c) of the statutes is created to read:

SB1,1050,23 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.

SB1, s. 2240 Section 2240. 77.51 (13r) of the statutes is amended to read:

SB1,1051,3 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.

SB1, s. 2241 Section 2241. 77.51 (13rm) of the statutes is created to read:

SB1,1051,6 77.51 (13rm) "Retail sale" or "sale at retail" means any sale, lease, or rental for any purpose other than resale, sublease, or subrent.

SB1, s. 2243 Section 2243. 77.51 (14) (intro.) of the statutes is amended to read:

SB1,1051,13 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:

SB1, s. 2244 Section 2244. 77.51 (14) (a) of the statutes is amended to read:

SB1,1051,20 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.

SB1, s. 2245 Section 2245. 77.51 (14) (b) of the statutes is amended to read:

SB1,1051,24 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.

SB1, s. 2246 Section 2246. 77.51 (14) (c) of the statutes is amended to read:

SB1,1052,3 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.

SB1, s. 2247 Section 2247. 77.51 (14) (d) of the statutes is repealed.

SB1, s. 2248 Section 2248. 77.51 (14) (g) of the statutes is renumbered 77.51 (15a) (b) 4.

SB1, s. 2249 Section 2249. 77.51 (14) (h) of the statutes is amended to read:

SB1,1052,10 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.

SB1, s. 2250 Section 2250. 77.51 (14) (i) of the statutes is repealed.

SB1, s. 2251 Section 2251. 77.51 (14) (j) of the statutes is amended to read:

SB1,1052,18 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.

SB1, s. 2252 Section 2252. 77.51 (14) (k) of the statutes is repealed.

SB1, s. 2253 Section 2253. 77.51 (14) (L) of the statutes is repealed.

SB1, s. 2253d Section 2253d. 77.51 (14) (m) of the statutes is created to read:

SB1,1052,25 77.51 (14) (m) A transaction for which a person's books and records show the transaction created, with regard to the transferee, an obligation to pay a certain amount of money or an increase in accounts payable or, with regard to the transferor, a right to receive a certain amount of money or an increase in accounts receivable.

SB1, s. 2253e Section 2253e. 77.51 (14) (n) of the statutes is created to read:

SB1,1053,3 77.51 (14) (n) All activities described in this subsection regardless of all of the following:

SB1,1053,4 1. Whether the transaction is mercantile in nature.

SB1,1053,5 2. Whether the seller sells smaller quantities from inventory.

SB1,1053,6 3. Whether the seller makes or intends to make a profit on the sale.

SB1,1053,8 4. Whether the seller or the buyer receives a benefit the seller or buyer bargained for.

SB1,1053,9 5. The percentage of the seller's total sales that the sale represents.

SB1,1053,11 6. Any activities other than those described in sub. (13) (a) to (o) in which the seller is engaged.

SB1, s. 2254 Section 2254. 77.51 (14g) (a) of the statutes is amended to read:

SB1,1053,15 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;

SB1, s. 2255 Section 2255. 77.51 (14g) (b) of the statutes is amended to read:

SB1,1053,19 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;

SB1, s. 2256 Section 2256. 77.51 (14g) (bm) of the statutes is amended to read:

SB1,1053,23 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;

SB1, s. 2257 Section 2257. 77.51 (14g) (c) of the statutes is amended to read:

SB1,1054,3 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;

SB1, s. 2258 Section 2258. 77.51 (14g) (cm) of the statutes is amended to read:

SB1,1054,7 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;

SB1, s. 2259 Section 2259. 77.51 (14g) (d) of the statutes is amended to read:

SB1,1054,11 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;

SB1, s. 2260 Section 2260. 77.51 (14g) (e) of the statutes is amended to read:

SB1,1054,14 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;

SB1, s. 2261 Section 2261. 77.51 (14g) (em) of the statutes is amended to read:

SB1,1054,18 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;

SB1, s. 2262 Section 2262. 77.51 (14g) (f) of the statutes is amended to read:

SB1,1054,22 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;

SB1, s. 2263 Section 2263. 77.51 (14g) (g) of the statutes is amended to read:

SB1,1055,3 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

SB1, s. 2264 Section 2264. 77.51 (14g) (h) of the statutes is amended to read:

SB1,1055,13 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.

SB1, s. 2265 Section 2265. 77.51 (14r) of the statutes is repealed.