SB62: Bill Text

SB62,158,25 77.51 (17) (intro.) "Seller" includes every person selling, licensing, leasing, or renting tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) or selling, performing, or furnishing services of a kind the gross receipts sales price from the sale, license, lease, rental, performance, or furnishing of which are is required to be included in the measure of the sales tax, regardless of all of the following:

SB62, s. 328 Section 328. 77.51 (17m) of the statutes is repealed and recreated to read:

SB62,159,2 77.51 (17m) "Service address" means any of the following:

SB62,159,6 (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.

SB62,159,12 (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.

SB62,159,14 (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.

SB62, s. 329 Section 329. 77.51 (17w) of the statutes is created to read:

SB62,159,19 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.

SB62, s. 330 Section 330. 77.51 (17x) of the statutes is created to read:

SB62,159,25 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.

SB62, s. 331 Section 331. 77.51 (18) of the statutes is amended to read:

SB62,160,5 77.51 (18) "Storage" includes any keeping or retention in this state of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) purchased from a retailer for any purpose except sale in the regular course of business.

SB62, s. 332 Section 332. 77.51 (20) of the statutes is amended to read:

SB62,160,15 77.51 (20) "Tangible personal property" means all tangible personal property of every kind and description 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, regardless of how it is delivered to the purchaser.

SB62, s. 333 Section 333. 77.51 (20) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB62,160,21 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.

SB62, s. 334 Section 334. 77.51 (21) of the statutes is amended to read:

SB62,160,25 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.

SB62, s. 335 Section 335 . 77.51 (21m) of the statutes is amended to read:

SB62,161,11 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 and Internet access services" does not include sending collect telecommunications that are received outside of the state.

SB62, s. 336 Section 336 . 77.51 (21m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 77.51 (5f) and amended to read:

SB62,161,24 77.51 (5f) "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 and Internet access services" does not include sending collect telecommunications that are received outside of the state telecommunications services to the extent that such services are taxable under s. 77.52 (2) (a) 5. am.

SB62, s. 337 Section 337. 77.51 (21n) of the statutes is created to read:

SB62,162,9 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 nonvoice data service. "Telecommunications services" does not include any of the following:

SB62,162,13 (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.

SB62,162,14 (b) Installing or maintaining wiring or equipment on a customer's premises.

SB62,162,15 (c) Tangible personal property.

SB62,162,16 (d) Advertising, including directory advertising.

SB62,162,17 (e) Billing and collection services provided to 3rd parties.

SB62,162,18 (f) Internet access services.

SB62,162,23 (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.

SB62,162,24 (h) Ancillary services.

SB62,163,2 (i) Digital products delivered electronically, including software, music, video, reading materials, or ringtones.

SB62, s. 338 Section 338. 77.51 (21p) of the statutes is created to read:

SB62,163,5 77.51 (21p) "Tobacco" means cigarettes, cigars, chewing tobacco, pipe tobacco, and any other item that contains tobacco.

SB62, s. 339 Section 339. 77.51 (21q) of the statutes is created to read:

SB62,163,8 77.51 (21q) "Transferred electronically" means accessed or obtained by the purchaser by means other than tangible storage media.

SB62, s. 340 Section 340. 77.51 (22) (a) of the statutes is amended to read:

SB62,163,17 77.51 (22) (a) "Use" includes the exercise of any right or power over tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable services incident to the ownership, possession or enjoyment of the property, items, 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, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), by a lessee under a lease, except that "use" does not include the activities under sub. (18).

SB62, s. 341 Section 341. 77.51 (22) (b) of the statutes is amended to read:

SB62,164,2 77.51 (22) (b) In this subsection "enjoyment" includes a purchaser's right to direct the disposition of property or items, property, or goods under s. 77.52 (1) (b), (c), or (d), 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, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services, or which is otherwise related to the business activities, of the purchaser of the printed material or printing service.

SB62, s. 342 Section 342. 77.51 (22) (bm) of the statutes is created to read:

SB62,164,11 77.51 (22) (bm) In this subsection, "exercise of any right or power over tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable services" includes distributing, selecting recipients, determining mailing schedules, or otherwise directing the distribution, dissemination, or disposal of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), 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.

SB62, s. 343 Section 343. 77.51 (24) of the statutes is created to read:

SB62,164,16 77.51 (24) "Value-added nonvoice 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.

SB62, s. 344 Section 344. 77.51 (25) of the statutes is created to read:

SB62,164,21 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.

SB62, s. 345 Section 345. 77.51 (26) of the statutes is created to read:

SB62,164,25 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.

SB62, s. 346 Section 346. 77.52 (1) of the statutes is renumbered 77.52 (1) (a) and amended to read:

SB62,165,8 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.

SB62, s. 347 Section 347. 77.52 (1) (b) of the statutes is created to read:

SB62,165,13 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.

SB62, s. 348 Section 348. 77.52 (1) (c) of the statutes is created to read:

SB62,165,19 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.

SB62, s. 349 Section 349. 77.52 (1) (d) of the statutes is created to read:

SB62,165,25 77.52 (1) (d) A tax is imposed on all retailers at the rate of 5 percent of the sales price from the sale, lease, license, or rental of specified digital goods and additional digital goods at retail for the right to use the specified digital goods or additional digital goods on a permanent or less than permanent basis and regardless of whether the purchaser is required to make continued payments for such right.

SB62, s. 350 Section 350. 77.52 (1b) of the statutes is repealed and recreated to read:

SB62,166,5 77.52 (1b) All sales, licenses, leases, or rentals of tangible personal property or items, property, or goods under sub. (1) (b), (c), or (d) at retail in this state are subject to the tax imposed under sub. (1) unless an exemption in this subchapter applies.

SB62, s. 351 Section 351. 77.52 (2) (intro.) of the statutes is amended to read:

SB62,166,14 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, regardless of whether the consumer or user has the right of permanent use or less than the right of permanent use and regardless of whether the service is conditioned on continued payment from the purchaser, 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.

SB62, s. 352 Section 352 . 77.52 (2) (a) 5. a. of the statutes is amended to read:

SB62,166,24 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.

SB62, s. 353 Section 353 . 77.52 (2) (a) 5. a. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB62,167,11 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.

SB62, s. 354 Section 354. 77.52 (2) (a) 5. am. of the statutes is created to read:

SB62,167,14 77.52 (2) (a) 5. am. The sale of intrastate, interstate, and international telecommunications services, except interstate 800 services.

SB62, s. 355 Section 355. 77.52 (2) (a) 5. b. of the statutes is repealed.

SB62, s. 356 Section 356. 77.52 (2) (a) 5. c. of the statutes is created to read:

SB62,167,18 77.52 (2) (a) 5. c. The sale of ancillary services, except detailed telecommunications billing services.

SB62, s. 357 Section 357. 77.52 (2) (a) 5m. of the statutes is amended to read:

SB62,168,2 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.

SB62, s. 358 Section 358. 77.52 (2) (a) 10. of the statutes is amended to read:

SB62,168,25 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 or items, property, or goods under s. 77.52 (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. 77.51 (14r) 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 (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).

SB62, s. 359 Section 359. 77.52 (2) (a) 11. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB62,169,9 77.52 (2) (a) 11. The producing, fabricating, processing, printing, or imprinting of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) 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 or items, property, or goods under s. 77.52 (1) (b), (c), or (d) that results in printed material, catalogs, or envelopes that are exempt under s. 77.54 (25) or (25m).

SB62, s. 360 Section 360. 77.52 (2) (a) 13m. of the statutes is created to read:

SB62,169,19 77.52 (2) (a) 13m. The sale of contracts, including service contracts, maintenance agreements, computer software maintenance contracts for prewritten computer software, 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 or items, property, or goods under s. 77.52 (1) (b), (c), or (d), unless the sale, license, lease, or rental in this state of the property, items, or goods to which the contract relates is or was exempt, to the purchaser of the contract, from taxation under this subchapter.

SB62, s. 361 Section 361. 77.52 (2m) (a) of the statutes is amended to read:

SB62,169,25 77.52 (2m) (a) With respect to the services subject to tax under sub. (2), no part of the charge for the service may be deemed a sale or rental of tangible personal property or items, property, or goods under sub. (1) (b), (c), or (d) if the property, items, or goods transferred by the service provider is are incidental to the selling, performing or furnishing of the service, except as provided in par. (b).

SB62, s. 362 Section 362. 77.52 (2m) (b) of the statutes is amended to read:

SB62,170,7 77.52 (2m) (b) With respect to the services subject to tax under sub. (2) (a) 7., 10., 11. and 20., all property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) physically transferred, or transferred electronically, to the customer in conjunction with the selling, performing or furnishing of the service is a sale of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) separate from the selling, performing or furnishing of the service.

SB62, s. 363 Section 363. 77.52 (2n) of the statutes is repealed and recreated to read:

SB62,170,12 77.52 (2n) The selling, licensing, performing, or furnishing of the services described under sub. (2) (a) at retail in this state, as determined under s. 77.522, is subject to the tax imposed under sub. (2) unless an exemption in this subchapter applies.

SB62, s. 364 Section 364. 77.52 (3m) of the statutes is repealed.

SB62, s. 365 Section 365. 77.52 (3n) of the statutes is repealed.

SB62, s. 366 Section 366. 77.52 (4) of the statutes is amended to read:

SB62,170,21 77.52 (4) It is unlawful for any retailer to advertise or hold out or state to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer or that it will not be added to the selling price of the property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) sold or that if added it, or any part thereof, will be refunded. Any person who violates this subsection is guilty of a misdemeanor.

SB62, s. 367 Section 367. 77.52 (6) of the statutes is repealed.