77.52(2)(a)5.a.a. The sale of telecommunications 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.
77.52(2)(a)5.b.
b. The sale of services subject to
4 USC 116 to
126, as amended by
P.L. 106-252, if the customer's place of primary use of the services is in this state, as determined under
4 USC 116 to
126, as amended by
P.L. 106-252. For purposes of this
subd. 5. b., all of the provisions of
4 USC 116 to
126, as amended by
P.L. 106-252, are adopted, except that if
4 USC 116 to
126, as amended by
P.L. 106-252, or the application of
4 USC 116 to
126, as amended by
P.L. 106-252, is found unconstitutional the sale of telecommunications services is subject to the tax imposed under this section as provided in
subd. 5. a.
77.52(2)(a)5m.
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 incidental, as defined in
s. 77.51 (5), element of another service that is sold to that purchaser and is not taxable under this subchapter.
77.52(2)(a)6.
6. Laundry, dry cleaning, pressing and dyeing services, except when performed on raw materials or goods in process destined for sale, except when performed on cloth diapers by a diaper service and except when the service is performed by the customer through the use of coin-operated, self-service machines.
77.52(2)(a)7.
7. Photographic services including the processing, printing and enlarging of film as well as the service of photographers for the taking, reproducing and sale of photographs.
77.52(2)(a)9.
9. Parking or providing parking space for motor vehicles and aircraft for a consideration and docking or providing storage space for boats for a consideration.
77.52(2)(a)10.
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 unless, at the time of that [the] repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance, a sale in this state of the type of property 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). [juvenile] 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 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 [the] installation or replacement is a real property construction activity under
s. 77.51 (2).
77.52 Note
NOTE: Subd. 10. is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c). Each bracketed "the" was inserted by
2005 Wis. Act 149 but rendered surplusage by
2205 Wis. Act 344. The bracketed "juvenile" was inserted by
2005 Wis. Act 344 to affect material that was recreated in 77.52 (2) (ag) 39. (intro.) by
2005 Wis. Act 149. Corrective legislation is pending.
77.52(2)(a)11.
11. The producing, fabricating, processing, printing or imprinting of tangible personal property 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 which will be subsequently transported outside the state for use outside the state by the consumer for advertising purposes.
77.52(2)(a)12.
12. The sale of cable television system services including installation charges.
77.52(2)(a)20.
20. The sale of landscaping and lawn maintenance services including landscape planning and counseling, lawn and garden services such as planting, mowing, spraying and fertilizing and shrub and tree services.
77.52(2)(ag)
(ag) For purposes of
par. (a) 10., the following items shall be considered to have retained their character as tangible personal property, regardless of the extent to which the item is fastened to, connected with, or built into real property:
77.52(2)(ag)4.
4. Ovens, including associated hoods and exhaust systems.
77.52(2)(ag)38.
38. Recreational, sporting, gymnasium, and athletic goods and equipment including, by way of illustration but not of limitation, all of the following:
77.52(2)(ag)39.
39. Equipment in offices, business facilities, schools, and hospitals but not in residential facilities including personal residences, apartments, long-term care facilities, as defined under
s. 16.009 (1) (em), state institutions, as defined under
s. 101.123 (1) (i), Type 1 secured [juvenile] correctional facilities, as defined in
s. 938.02 (19), or similar facilities including, by way of illustration but not of limitation, all of the following:
77.52 Note
NOTE: The bracketed language indicates the correct term. Corrective legislation is pending.
77.52 Note
NOTE: Subd. 39. h. to n. are shown as renumbered by the revisor under s. 13.93 (1) (b).
77.52(2)(am)
(am) For purposes of
par. (a) 12. "cable television system" means any facility which, for a fee, regularly amplifies and transmits by wire, coaxial cable, lightwave or microwave, simultaneously to 50 or more subscribers, programs broadcast by television or radio stations or originated by themselves or any other party. "Cable television system" does not include a master antenna system which serves one residential, commercial or government building or complex of buildings under common ownership or control if that facility does not provide any broadcast signals other than those which may be viewed in that facility.
77.52(2m)(a)(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 if the property transferred by the service provider is incidental to the selling, performing or furnishing of the service, except as provided in
par. (b).
77.52(2m)(b)
(b) With respect to the services subject to tax under
sub. (2) (a) 7.,
10.,
11. and
20., all property physically transferred to the customer in conjunction with the selling, performing or furnishing of the service is a sale of tangible personal property separate from the selling, performing or furnishing of the service.
77.52(3)
(3) The taxes imposed by this section may be collected from the consumer or user.
77.52(3m)
(3m) In regard to the sale of the rights to purchase telecommunications services under
sub. (2) (a) 5. a.:
77.52(3m)(a)
(a) If the sale takes place at a retailer's place of business, the situs of the sale is that place.
77.52(3m)(b)
(b) If the sale does not take place at a retailer's place of business and an item that will implement the right to purchase telecommunications services is shipped, the situs of the sale is the customer's shipping address.
77.52(3m)(c)
(c) If the sale does not take place at a retailer's place of business and no item that will implement the right to purchase telecommunications services is shipped, the situs of the sale is the customer's billing address.
77.52(3n)
(3n) In regard to the sale of the rights to purchase telecommunications services under
sub. (2) (a) 5. b., the situs of the sale is as determined under
4 USC 116 to
126, as amended by
P.L. 106-252.
77.52(4)
(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 sold or that if added it, or any part thereof, will be refunded. Any person who violates this subsection is guilty of a misdemeanor.
