77.61(13)
(13) No injunction shall issue to stay proceedings for assessment or collection of any taxes levied under this subchapter.
77.61(14)
(14) Documents and payments required or permitted under this subchapter that are mailed are timely furnished, filed or made if they are mailed in a properly addressed envelope with the postage duly prepaid, if the envelope is postmarked before midnight of the due date and if the document or payment is received by the department, or at the destination that the department prescribes, within 5 days after the prescribed date. Documents and payments that are not mailed are timely if they are received on or before the due date by the department or at the destination that the department designates.
77.61 History
History: 1971 c. 125;
1975 c. 186,
224;
1977 c. 29,
200,
418;
1979 c. 89,
125,
174;
1981 c. 20;
1983 a. 189 s.
329 (12);
1983 a. 405;
1983 a. 544 s.
47 (1);
1985 a. 29,
41;
1987 a. 27,
92,
119,
246;
1989 a. 31,
122,
359;
1991 a. 39,
269,
316;
1993 a. 205,
399;
1995 a. 27,
233,
280;
1997 a. 27,
191,
237;
1999 a. 83;
2001 a. 44,
103.
77.61 Annotation
Since the immunity under s. 885.25 (2) or sub. (12) is merely coextensive with a defendant's rights against self-incrimination, which does not attach to the records of a corporation, a defendants' claim of immunity for delivering corporate records has no merit. State v. Alioto,
64 Wis. 2d 354,
219 N.W.2d 585 (1974).
77.62
77.62
Collection of delinquent sales and use taxes. 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:
77.62(2)
(2) Release real property from the lien of a warrant.
77.62(4)
(4) Approve installment payment agreements.
77.62(5)
(5) Compromise on the basis of ability to pay.
77.62(6)
(6) Compromise delinquent estimated assessments on the basis of fairness and equity.
77.62 Cross-reference
Cross-reference: See s.
73.03 (27) for provision as to writing off uncollectible sales and use taxes.
77.63
77.63
Agreements with direct marketers. 77.63(1)(a)(a) The department of revenue may enter into agreements with out-of-state direct marketers to collect the sales tax and the use tax imposed under this subchapter at the rate imposed under this subchapter plus the rate imposed under
subch. V. An out-of-state direct marketer that collects the sales tax and the use tax under this section may retain 5% of the first $1,000,000 of the taxes collected in a year and 6% of the taxes collected in excess of $1,000,000 in a year. This section does not apply to an out-of-state direct marketer who is required to collect the sales tax and the use tax imposed under this subchapter and under
subch. V.
77.63(1)(b)
(b) Sections 77.58,
77.59 and
77.60, as they apply to the taxes imposed under this subchapter, apply to agreements under this section, except that the department of revenue may negotiate payment schedules and audit procedures with out-of-state direct marketers. The retailer's discount under
s. 77.61 (4) (c) does not apply to agreements under this section.
77.63(2)
(2) Annually, by July 31, the department of revenue shall certify to the department of health and family services an amount equal to one-eleventh of the taxes collected under
sub. (1) for grants to counties under
s. 46.513.
77.63 History
History: 1999 a. 9.
77.65
77.65
Uniform sales and use tax administration. 77.65(1)(1)
Short title. This section shall be known as the "Uniform Sales and Use Tax Administration Act."
77.65(2)
(2) Definitions. In this section:
77.65(2)(a)
(a) "Agreement" means the streamlined sales and use tax agreement.
77.65(2)(b)
(b) "Department" means the department of revenue.
77.65(2)(c)
(c) "Person" means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity.
77.65(2)(e)
(e) "Seller" means any person who sells, leases, or rents personal property or services.
77.65(2)(f)
(f) "State" means any state of the United States and the District of Columbia.
77.65(3)
(3) Department authority. The department may enter into the agreement to simplify and modernize sales tax and use tax administration in order to substantially reduce the tax compliance burden for all sellers and for all types of commerce. The department may act jointly with other states that are signatories to the agreement to establish standards for the certification of a certified service provider and certified automated system and to establish performance standards for multistate sellers. The department may promulgate rules to administer this section, may procure jointly with other states that are signatories to the agreement goods and services in furtherance of the agreement, and may take other actions reasonably required to implement this section. The secretary of revenue or the secretary's designee may represent this state before the states that are signatories to the agreement.
77.65(4)
(4) Agreement requirements. The department may not enter into the agreement unless the agreement requires that a state that is a signatory to the agreement do all of the following:
77.65(4)(a)
(a) Limit the number of state sales and use tax rates.
77.65(4)(b)
(b) Limit the application of any maximums on the amount of state sales and use tax that is due on a transaction.
77.65(4)(c)
(c) Limit thresholds on the application of sales and use tax.
77.65(4)(d)
(d) Establish uniform standards for the sourcing of transactions to the appropriate taxing jurisdictions, for administering exempt sales, and for sales and use tax returns and remittances.
77.65(4)(e)
(e) Develop and adopt uniform definitions related to sales and use tax.
77.65(4)(f)
(f) Provide, with all states that are signatories to the agreement, a central electronic registration system that allows a seller to register to collect and remit sales and use taxes for all states that are signatories to the agreement.
77.65(4)(g)
(g) Provide that the state shall not use a seller's registration with the central electronic registration system under
par. (f), and the subsequent collection and remittance of sales and use taxes in the states that are signatories to the agreement, to determine whether the seller has sufficient connection with the state for the purpose of imposing any tax.
77.65(4)(h)
(h) Restrict variances between the state tax bases and local tax bases.
77.65(4)(i)
(i) Administer all sales and use taxes imposed by local jurisdictions within the state so that sellers who collect and remit such taxes are not required to register with, or submit returns or taxes to, local jurisdictions and are not subject to audits by local jurisdictions.
77.65(4)(j)
(j) Restrict the frequency of changes in any local sales and use tax rates and provide notice of any such changes.
77.65(4)(k)
(k) Establish effective dates for the application of local jurisdictional boundary changes to local sales and use tax rates and provide notice of any such changes.
77.65(4)(L)
(L) Provide monetary allowances to sellers and certified service providers as outlined in the agreement.
77.65(4)(m)
(m) Certify compliance with the agreement before entering into the agreement and maintain compliance with the agreement.
77.65(4)(n)
(n) Adopt a uniform policy, with the states that are signatories to the agreement, for certified service providers that protects a consumer's privacy and maintains tax information confidentiality.
77.65(4)(o)
(o) Appoint, with the states that are signatories to the agreement, an advisory council to consult with in administering the agreement. The advisory council shall consist of private sector representatives and representatives from states that are not signatories to the agreement.
77.65(5)
(5) Cooperating states. The agreement entered into under this section is an accord among cooperating states to further their governmental functions and provides a mechanism among the cooperating states to establish and maintain a cooperative, simplified system for the application and administration of sales and use taxes that are imposed by each state that is a signatory to the agreement.
77.65(6)
(6) Limited binding and beneficial effect. 77.65(6)(a)(a) The agreement entered into under this section binds, and inures to the benefit of, only the states that are signatories to the agreement. Any benefit that a person may receive from the agreement is established by this state's law and not by the terms of the agreement.
77.65(6)(b)
(b) No person shall have any cause of action or defense under the agreement or because of the department entering into the agreement. No person may challenge any action or inaction by any department, agency, other instrumentality of this state, or any political subdivision of this state on the ground that the action or inaction is inconsistent with the agreement.
77.65(6)(c)
(c) No law of this state, or the application of such law, may be declared invalid on the ground that the law, or the application of such law, is inconsistent with the agreement.
77.65(7)
(7) Relationship to state law. No provision of the agreement in whole or in part invalidates or amends any law of this state and the state becoming a signatory to the agreement shall not amend or modify any law of this state.
77.65 History
History: 2001 a. 16.
77.66
77.66
Certification for collection of sales and use tax. The secretary of revenue shall determine and periodically certify to the secretary of administration the names of persons, and affiliates, as defined in
s. 16.70 (1b), of persons, who make sales of tangible personal property and taxable services that are subject to the taxes imposed under this subchapter but who are not registered to collect and remit such taxes to the department or, if registered, do not collect and remit such taxes.
77.66 History
History: 2003 a. 33.
COUNTY AND SPECIAL DISTRICT
SALES AND USE TAXES
77.70
77.70
Adoption by county ordinance. Any county desiring to impose county sales and use taxes under this subchapter may do so by the adoption of an ordinance, stating its purpose and referring to this subchapter. The county sales and use taxes may be imposed only for the purpose of directly reducing the property tax levy and only in their entirety as provided in this subchapter. That ordinance shall be effective on the first day of January, the first day of April, the first day of July or the first day of October. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 60 days before the effective date of the repeal.
77.70 Annotation
A county may not impose a tax upon admissions to amusements except as part of a general sales and use tax at the statutorily prescribed rate of one-half of 1%. 58 Atty. Gen. 212.
77.70 Annotation
A county board may not control municipal use of county sales tax revenue. 60 Atty. Gen. 387.
77.70 Annotation
Funds received from a county sales and use tax may be budgeted by the county board to reduce the amount of the county wide property tax levy or to defray the cost of any item that can be funded by a county-wide property tax.
OAG 1-98.
77.705
77.705
Adoption by resolution; baseball park district. A local professional baseball park district created under
subch. III of ch. 229, by resolution under
s. 229.68 (15), may impose a sales tax and a use tax under this subchapter at a rate of no more than 0.1% of the gross receipts or sales price. Those taxes may be imposed only in their entirety. The resolution shall be effective on the first day of the first month that begins at least 30 days after the adoption of the resolution.
77.705 History
History: 1995 a. 56;
1999 a. 167.
77.706
77.706
Adoption by resolution; football stadium district. A local professional football stadium district created under
subch. IV of ch. 229, by resolution under
s. 229.824 (15), may impose a sales tax and a use tax under this subchapter at a rate of 0.5% of the gross receipts or sales price. Those taxes may be imposed only in their entirety. The imposition of the taxes under this section shall be effective on the first day of the first month that begins at least 30 days after the certification of the approval of the resolution by the electors in the district's jurisdiction under
s. 229.824 (15).
77.706 History
History: 1999 a. 167.
77.707(1)(1) Retailers and the department of revenue may not collect a tax under
s. 77.705 for any local professional baseball park district created under
subch. III of ch. 229 after the calendar quarter during which the local professional baseball park district board makes a certification to the department of revenue under
s. 229.685 (2), except that the department of revenue may collect from retailers taxes that accrued before that calendar quarter and fees, interest and penalties that relate to those taxes.
77.707(2)
(2) Retailers and the department of revenue may not collect a tax under
s. 77.706 for any local professional football stadium district created under
subch. IV of ch. 229 after the calendar quarter during which the local professional football stadium district board makes all of the certifications to the department of revenue under
s. 229.825 (3), except that the department of revenue may collect from retailers taxes that accrued before that calendar quarter and fees, interest and penalties that relate to those taxes.
77.707 History
History: 1995 a. 56;
1999 a. 167.
77.71
77.71
Imposition of county and special district sales and use taxes. Whenever a county sales and use tax ordinance is adopted under
s. 77.70 or a special district resolution is adopted under
s. 77.705 or
77.706, the following taxes are imposed:
77.71(1)
(1) For the privilege of selling, leasing or renting tangible personal property and for the privilege of selling, performing or furnishing services a sales tax is imposed upon retailers at the rate of 0.5% in the case of a county tax or at the rate under
s. 77.705 or
77.706 in the case of a special district tax of the gross receipts from the sale, lease or rental of tangible personal property, except property taxed under
sub. (4), sold, leased or rented at retail in the county or special district or from selling, performing or furnishing services described under
s. 77.52 (2) in the county or special district.
77.71(2)
(2) An excise tax is imposed at the rate of 0.5% in the case of a county tax or at the rate under
s. 77.705 or
77.706 in the case of a special district tax of the sales price upon every person storing, using or otherwise consuming in the county or special district tangible personal property or services if the property or service is subject to the state use tax under
s. 77.53, except that a receipt indicating that the tax under
sub. (1),
(3) or
(4) has been paid relieves the buyer of liability for the tax under this subsection and except that if the buyer has paid a similar local tax in another state on a purchase of the same property or services that tax shall be credited against the tax under this subsection and except that for motor vehicles that are used for a purpose in addition to retention, demonstration or display while held for sale in the regular course of business by a dealer the tax under this subsection is imposed not on the sales price but on the amount under
s. 77.53 (1m).
77.71(3)
(3) An excise tax is imposed upon a contractor engaged in construction activities within the county or special district, at the rate of 0.5% in the case of a county tax or at the rate under
s. 77.705 or
77.706 in the case of a special district tax of the sales price of tangible personal property that is used in constructing, altering, repairing or improving real property and that becomes a component part of real property in that county or special district, except that if the contractor has paid the sales tax of a county in the case of a county tax or of a special district in the case of a special district tax in this state on that property, or has paid a similar local sales tax in another state on a purchase of the same property, that tax shall be credited against the tax under this subsection.
77.71(4)
(4) An excise tax is imposed at the rate of 0.5% in the case of a county tax or at the rate under
s. 77.705 or
77.706 in the case of a special district tax of the sales price upon every person storing, using or otherwise consuming a motor vehicle, boat, snowmobile, mobile home not exceeding 45 feet in length, trailer, semitrailer, all-terrain vehicle or aircraft, if that property must be registered or titled with this state and if that property is to be customarily kept in a county that has in effect an ordinance under
s. 77.70 or in a special district that has in effect a resolution under
s. 77.705 or
77.706, except that if the buyer has paid a similar local sales tax in another state on a purchase of the same property that tax shall be credited against the tax under this subsection.
77.72(1)(1)
General rule for property. For the purposes of this subchapter, all retail sales of tangible personal property are completed at the time when, and the place where, the seller or the seller's agent transfers possession to the buyer or the buyer's agent. In this subsection, a common carrier or the U.S. postal service is the agent of the seller, regardless of any f.o.b. point and regardless of the method by which freight or postage is paid. Rentals and leases of property, except property under
sub. (2), have a situs at the location of that property.
77.72(2)
(2) Leased or rented moving property. 77.72(2)(a)(a)
Motor vehicles. Leased or rented motor vehicles and other equipment used principally on the highway at normal highway speeds are located in the county in which they are customarily kept, except that drive-it-yourself motor vehicles and equipment used principally on the highway at normal highway speeds, if those vehicles or that equipment are used for one-way trips or leased for less than one month, are located in the county in which they come into the lessee's possession.
77.72(2)(b)
(b)
Other moving property. Except for motor vehicles and equipment described in
par. (a), leased or rented property that characteristically is moving property, including but not limited to aircraft and boats, is located in a county if it is used primarily in that county or it is usually kept in that county when it is not in use.
77.72(3)(a)(a)
General rule. Except as provided in
par. (b), services have a situs at the location where they are furnished.
77.72(3)(b)
(b)
Exceptions. A communication service has a situs where the customer is billed for the service if the customer calls collect or pays by credit card. Services subject to
s. 77.52 (2) (a) 5. b. have a situs at the customer's place of primary use of the services, as determined under
4 USC 116 to
126, as amended by
P.L. 106-252. Towing services have a situs at the location to which the vehicle is delivered. Services performed on tangible personal property have a situs at the location where the property is delivered to the buyer.
77.72 History
History: 1985 a. 41;
2001 a. 109.
77.73
77.73
Jurisdiction to tax. 77.73(1)(1) Retailers making deliveries in their company-operated vehicles of tangible personal property, or of property on which taxable services were performed, to purchasers in a county or special district are doing business in that county or special district, and that county or special district has jurisdiction to impose the taxes under this subchapter on them.
77.73(2)
(2) Counties and special districts do not have jurisdiction to impose the tax under
s. 77.71 (2) in regard to tangible personal property purchased in a sale that is consummated in another county or special district in this state that does not have in effect an ordinance or resolution imposing the taxes under this subchapter and later brought by the buyer into the county or special district that has imposed a tax under
s. 77.71 (2).
