77.991 History
History: 1993 a. 263;
1999 a. 9.
77.992
77.992
Discontinuation. Retailers and the department of revenue may not collect taxes under this subchapter for any district after the calendar quarter during which all bonds issued by the district under
subch. II of ch. 229 during the first 60 months after April 26, 1994, and any debt issued to fund or refund those bonds, are retired or for more than 2 years if bonds have not been issued during that time, except that the department may collect from retailers taxes that accrued before that calendar quarter, or before the end of that 2-year period, and interest and penalties that relate to those taxes. If taxes are collected and no bonds are issued, the district may use the revenue for any lawful purpose.
77.992 History
History: 1993 a. 263.
PREMIER RESORT AREA TAXES
77.994
77.994
Premier resort area tax. 77.994(1)
(1) Except as provided in
sub. (2), a municipality or a county all of which is included in a premier resort area under
s. 66.113 [
s. 66.0515] may, by ordinance, impose a tax at a rate of 0.5% of the gross receipts from the sale, lease or rental in the municipality or county of goods or services that are taxable under
subch. III made by businesses that are classified in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, under the following industry numbers:
77.994 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
77.994(1)(b)
(b) 5399 — Miscellaneous general merchandise stores.
77.994(1)(c)
(c) 5441 — Candy, nut and confectionary stores.
77.994(1)(k)
(k) 5941 — Sporting goods stores and bicycle shops.
77.994(1)(L)
(L) 5946 — Camera and photographic supply stores.
77.994(1)(p)
(p) 7033 — Recreational vehicle parks and campsites.
77.994(1)(u)
(u) 7999 — Amusement and recreational services, not elsewhere classified.
77.994(2)
(2) Either a county or a municipality within that county, but not both, may impose a tax under
sub. (1).
77.994 History
History: 1997 a. 27;
1999 a. 150 s.
672.
77.9941(1)(1) The ordinance under
s. 77.994 is effective on January 1, April 1, July 1 or October 1. The municipality or county shall deliver a certified copy of that ordinance to the secretary of revenue at least 120 days before its effective date.
77.9941(3)
(3) A municipality or county that imposes a tax under
s. 77.994 may repeal that ordinance. A repeal is effective on December 31. The municipality or county shall deliver a certified copy of the repeal ordinance to the secretary of revenue at least 60 days before its effective date.
77.9941(3m)
(3m) The department of revenue may promulgate rules interpreting the classifications under
s. 77.994 (1) and specifying means of determining the classifications of business. If there is a dispute whether a business is in one of the classifications under
s. 77.994 (1), the department of revenue's decision is final.
77.9941(5)
(5) From the appropriation under
s. 20.835 (4) (gd) the department shall distribute 97% of the taxes under this subchapter reported, for each municipality or county that has imposed the tax, minus the municipality's or county's portion of the retailers' discounts, to the municipality or county and shall indicate the taxes reported by each taxpayer, no later than the end of the 3rd month following the end of the calendar quarter in which such amounts were reported. In this subsection, the "municipality's or county's portion of the retailers' discount" is the amount determined by multiplying the total retailers' discount by a fraction the numerator of which is the gross sales and use taxes payable under this subchapter and the denominator of which is the sum of the gross state sales and use taxes and the sales taxes and use taxes payable under this subchapter. The taxes under this subchapter distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments of the taxes under this subchapter previously distributed. Interest paid on refunds of sales and use taxes under this subchapter shall be paid from the appropriation under
s. 20.835 (4) (gd) at the rate paid by this state under
s. 77.60 (1) (a). Any municipality or county receiving a report under this subsection is subject to the duties of confidentiality to which the department of revenue is subject under
s. 77.61 (5).
77.9941 History
History: 1997 a. 27.
STATE RENTAL VEHICLE FEE
77.995(1)(a)
(a) Except as provided in
par. (b), "limousine" means a passenger automobile that has a capacity of 10 or and fewer persons, excluding the driver; that has a minimum of 5 seats behind the driver; and that is operated for hire on an hourly basis under a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person who hires the vehicle and not over a defined regular route.
77.995(1)(b)
(b) "Limousine" does not include taxicabs, hotel or airport shuttles or buses, buses employed solely in transporting school children or teachers, vehicles owned and operated without charge or remuneration by a business entity for its own purposes, vehicles used in car pools or van pools, public agency vehicles that are not operated as a commercial venture, vehicles operated as part of the employment transit assistance program under
s. 106.26, ambulances or any vehicle that is used exclusively in the business of funeral directing.
77.995(2)
(2) There is imposed a fee at the rate of 3%, or 5% for the rental of limousines, of the gross receipts on the rental, but not for rerental and not for rental as a service or repair replacement vehicle of Type 1 automobiles, as defined in
s. 340.01 (4) (a); of mobile homes, as defined in
s. 340.01 (29); of motor homes, as defined in
s. 340.01 (33m); and of camping trailers, as defined in
s. 340.01 (6m) by establishments primarily engaged in short-term rental of vehicles without drivers, for a period of 30 days or less, unless the sale is exempt from the sales tax under
s. 77.54 (1),
(4),
(7) (a),
(7m) or
(9a).
77.995 History
History: 1997 a. 27,
237;
1999 a. 80,
83,
186.
77.9951(1)(1) The department of revenue shall administer the fee under this subchapter and may take any action, conduct any proceeding and impose interest and penalties.
77.9951(2)
(2) Sections 77.51 (4) (a),
(b) 1.,
2. and
4.,
(c) 1. to
3. and
(d) and
(14) (a) to
(f),
(j) and
(k),
77.52 (4),
(6),
(13),
(14) and
(18),
77.58 (1) to
(5) and
(7),
77.59,
77.60,
77.61 (2),
(5),
(8),
(9) and
(12) to
(14) 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.
77.9951(3)
(3) Persons who are subject to the fee under this subchapter shall register with the department of revenue. Any person who is required to register; including any person authorized to act on behalf of a corporation, partnership or other person who is required to register; who fails to do so is guilty of a misdemeanor.
77.9951 History
History: 1997 a. 27.
DRY CLEANING FEES
77.996
77.996
Definitions. In this subchapter:
77.996(1)
(1) "Department" means the department of revenue.
77.996(2)
(2) "Dry cleaning facility" means a facility that dry cleans apparel or household fabrics for the general public other than the following facilities:
77.996(2)(b)
(b) Facilities that are located on U.S. military installations.
77.996(2)(f)
(f) Facilities that are located at a prison or other penal institution.
77.996(2)(g)
(g) Facilities that are located at a nonprofit hospital or at a nonprofit health care institution.
77.996(2)(h)
(h) Facilities that are located on property that is owned by the U.S. government or by this state.
77.996(3)
(3) "Dry cleaning solvent" means a chlorine-based or hydrocarbon-based formulation or product that is used as a primary cleaning agent in dry cleaning facilities.
77.996(4)
(4) "Formal wear" includes tuxedos, suits and dresses, but does not include costumes, table linens or household fabrics.
77.996(5)
(5) "Formal wear rental firm" means a facility that rents formal wear to the general public and dry cleans only the formal wear that it rents to the general public.
77.996 History
History: 1997 a. 27;
1999 a. 9.
77.9961(1)(1) No person may operate a dry cleaning facility in this state unless the person completes and submits to the department a form that the department prescribes and pays to the department a fee for each dry cleaning facility that the person operates. The fee shall be paid in instalments, as provided in
sub. (2), and each instalment is equal to 1.8% of the gross receipts from the previous 3 months from dry cleaning apparel and household fabrics, but not from formal wear the facility rents to the general public.
77.9961(2)
(2) Persons who owe a fee under this section shall pay it in instalments on or before April 25, July 25, October 25 and January 25. The department shall issue a license to each person who pays the January 25 instalment and the previous 3 instalments and submits the form under this section. The license is valid for the year in which the January 25 instalment is due. If a dry cleaning facility is sold, the seller may transfer the license to the buyer. Each holder of a license under this section shall display it prominently in the facility to which it applies.
77.9961(3)
(3) On or before December 15, the department shall mail to each dry cleaning facility of which it is aware a form on which to apply for a license under this section.
77.9961(4)(a)(a) Any person who operates a dry cleaning facility and who does not hold a license under this section shall pay to the department a penalty of $5 for each day that the person operates without a license.
77.9961(4)(b)
(b) Any person who operates a dry cleaning facility and who pays an instalment under
sub. (2) after the instalment is due shall pay to the department a penalty of $5 for each day from the date that the instalment is due to the date that the instalment is paid.
77.9961 History
History: 1997 a. 27;
1999 a. 9.
77.9962
77.9962
Dry cleaning solvents fee. There is imposed on each person who sells a dry cleaning solvent to a dry cleaning facility a fee equal to $5 per gallon of perchloroethylene sold and 75 cents per gallon of a hydrocarbon-based solvent sold. The fees for the previous 3 months are due on January 25, April 25, July 25 and October 25.
77.9962 History
History: 1997 a. 27.
77.9963
77.9963
Inventory fee. There is imposed on each dry cleaning facility that possesses dry cleaning solvents on October 14, 1997, a fee equal to $5 for each gallon of perchloroethylene possessed and 75 cents for each gallon of a hydrocarbon-based solvent possessed. On or before the date 30 days after October 14, 1997, any person who owes a fee under this section shall send that fee to the department.
77.9963 History
History: 1997 a. 27.
77.9964(1)(1) The department shall administer the fees under this subchapter.
77.9964(2)
(2) Except as provided in
s. 77.9961 (4), sections
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),
(17) and
(18),
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.
77.9964(3)
(3) The department shall deposit all of the revenue that it collects under this subchapter in the fund under
s. 25.48.
77.9964(4)
(4) The department shall reimburse the owner or operator of a formal wear rental firm an amount equal to the sum of any fees paid by the owner or operator under
s. 77.9961 (1) prior to October 29, 1999.
77.9964 History
History: 1997 a. 27;
1999 a. 9.
77.9965
77.9965
Sunset. This subchapter does not apply after June 30, 2032.
77.9965 History
History: 1997 a. 27.
