77.54(9a)
(9a) The gross receipts from sales to, and the storage by, use by or other consumption of tangible personal property and taxable services by:
77.54(9a)(a)
(a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, and the Fox River Navigational System Authority.
77.54 Note
NOTE: Par. (a) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
77.54(9a)(b)
(b) Any county, city, village, town or school district in this state.
77.54(9a)(e)
(e) Any other unit of government in this state or any agency or instrumentality of one or more units of government in this state.
77.54(9a)(f)
(f) Any corporation, community chest fund, foundation or association organized and operated exclusively for religious, charitable, scientific or educational purposes, or for the prevention of cruelty to children or animals, except hospital service insurance corporations under
s. 613.80 (2), no part of the net income of which inures to the benefit of any private stockholder, shareholder, member or corporation.
77.54(10)
(10) The gross receipts from the sale of all admission fees, admission stickers or camping fees under
s. 27.01 (7) to
(11) and all admission fees to any museum operated by a nonprofit corporation under a lease agreement with the state historical society.
77.54(11)
(11) The gross receipts from the sales of and the storage, use or other consumption in this state of motor vehicle fuel, general aviation fuel or alternate fuel, subject to taxation under
ch. 78, unless the motor vehicle fuel or alternate fuel tax is refunded under
s. 78.75 because the buyer does not use the fuel in operating a motor vehicle upon the public highways.
77.54(12)
(12) The gross receipts from the sales of and the storage, use or other consumption in this state of rail freight or passenger cars, locomotives or other rolling stock used in railroad operations, or accessories, attachments, parts, lubricants or fuel therefor.
77.54(13)
(13) The gross receipts from the sales of and the storage, use or other consumption in this state of commercial vessels and barges of 50-ton burden or over primarily engaged in interstate or foreign commerce or commercial fishing, and the accessories, attachments, parts and fuel therefor.
77.54(14)
(14) The gross receipts from the sales of and the storage, use, or other consumption in this state of medicines that are any of the following:
77.54(14)(a)
(a) Prescribed for the treatment of a human being by a person authorized to prescribe the medicines, and dispensed on prescription filled by a registered pharmacist in accordance with law.
77.54(14)(b)
(b) Furnished by a licensed physician, surgeon, podiatrist, or dentist to a patient for treatment of the patient.
77.54(14)(c)
(c) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, surgeon, podiatrist, or dentist.
77.54(14)(d)
(d) Sold to a licensed physician, surgeon, podiatrist, dentist, or hospital for the treatment of a human being.
77.54(14)(e)
(e) Sold to this state or any political subdivision or municipal corporation thereof, for use in the treatment of a human being.
77.54(14)(em)
(em) Furnished for the treatment of a human being by a medical facility or clinic maintained by this state or any political subdivision or municipal corporation thereof.
77.54(14)(f)
(f) Furnished without charge to any of the following if the medicine may not be dispensed without a prescription:
77.54(14g)
(14g) "Medicines," as used in
sub. (14), means any substance or preparation that is intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment, or prevention of disease and that is commonly recognized as a substance or preparation intended for such use; but "medicines" do not include any of the following:
77.54(14g)(a)
(a) Any auditory, prosthetic, ophthalmic, or ocular device or appliance.
77.54(14g)(b)
(b) Articles that are in the nature of splints, bandages, pads, compresses, supports, dressings, instruments, apparatus, contrivances, appliances, devices, or other mechanical, electronic, optical, or physical equipment or articles, or the component parts or accessories thereof.
77.54(14g)(c)
(c) Any alcohol beverage the manufacture, sale, purchase, possession, or transportation of which is licensed or regulated under the laws of this state.
77.54(14m)
(14m) For purposes of
sub. (14), insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed dispensed on prescription.
77.54(14s)
(14s) The gross receipts from the sale or rental of and the storage, use or other consumption in this state of equipment used to administer oxygen for medical purposes by a person who has a prescription for oxygen written by a person authorized to prescribe oxygen.
77.54(15)
(15) The gross receipts from the sale of and the storage, use or other consumption of all newspapers, of periodicals sold by subscription and regularly issued at average intervals not exceeding 3 months, or issued at average intervals not exceeding 6 months by an educational association or corporation sales to which are exempt under
sub. (9a) (f), of controlled circulation publications sold to commercial publishers for distribution without charge or mainly without charge or regularly distributed by or on behalf of publishers without charge or mainly without charge to the recipient and of shoppers guides which distribute no less than 48 issues in a 12-month period. In this subsection, "shoppers guide" means a community publication delivered, or attempted to be delivered, to most of the households in its coverage area without a required subscription fee, which advertises a broad range of products and services offered by several types of businesses and individuals. In this subsection, "controlled circulation publication" means a publication that has at least 24 pages, is issued at regular intervals not exceeding 3 months, that devotes not more than 75% of its pages to advertising and that is not conducted as an auxiliary to, and essentially for the advancement of, the main business or calling of the person that owns and controls it.
77.54(16)
(16) The gross receipts from the sale of and the storage, use or other consumption of fire trucks and fire fighting equipment, including accessories, attachments, parts and supplies therefor, sold to volunteer fire departments.
77.54(17)
(17) The gross receipts from the sales of and the storage, use or other consumption of water when delivered through mains.
77.54(18)
(18) When the sale, lease or rental of a service or property that was previously exempt or not taxable under this subchapter becomes taxable, and the service or property is furnished under a written contract by which the seller is unconditionally obligated to provide the service or property for the amount fixed under the contract, the seller is exempt from sales or use tax on the gross receipts for services or property provided until the contract is terminated, extended, renewed or modified. However, from the time the service or property becomes taxable until the contract is terminated, extended, renewed or modified the user is subject to use tax, measured by the sales price, on the service or property purchased under the contract.
77.54(20)
(20) Except as provided in
par. (c), there are exempt from the taxes imposed by this subchapter the gross receipts from the sales of, and the storage, use or other consumption of, food, food products and beverages for human consumption.
77.54(20)(a)
(a) "Food", "food products" and "beverages" include, by way of illustration and not of limitation, the following:
77.54(20)(a)2.
2. Cereal and cereal products, including meal, grits, flour, bread and other bakery products.
77.54(20)(a)7m.
7m. Bottled water that is for human consumption and that is not carbonated or sweetened or flavored.
77.54(20)(a)8.
8. Canned goods, including jams, jellies and preserves.
77.54(20)(b)
(b) "Food", "food products" and "beverages" do not include:
77.54(20)(b)1.
1. Medicines, tonics, vitamins and medicinal preparations in any form.
77.54(20)(b)4.
4. Soda water beverages as defined in
s. 97.29 (1) (i), bases, concentrates and powders intended to be reconstituted by consumers to produce soft drinks, and fruit drinks and ades not defined as fruit juices in s.
97.02 (27), 1967 stats.
77.54(20)(bg)1.a.a. "Meal" includes, but is not limited to, a diversified selection of food, food products, or beverages that are customarily consumed as a breakfast, lunch, or dinner, that may not easily be consumed without an article of tableware, and that may not conveniently be consumed while standing or walking.
77.54(20)(bg)1.b.
b. "Meal" does not include frozen items that are sold to a consumer, items that are customarily heated or cooked after the retail sale and before they are consumed, or a diversified selection of food, food products, and beverages that is packaged together by a person other than the retailer before the sale to the consumer.
77.54(20)(bg)2.a.a. "Sandwich" means food that consists of a filling, such as meat, cheese, or a savory mixture, that is placed on a slice, or between 2 slices, of a variety of bread or something that takes the place of bread, such as a roll, croissant, or bagel.
77.54(20)(bg)2.b.
b. "Sandwich" includes, but is not limited to, burritos, tacos, enchiladas, chimichangas, pita sandwiches, gyros, and pocket sandwiches.
77.54(20)(bg)2.c.
c. "Sandwich" does not include hors d'oeuvres, canapes, egg rolls, cookies, cakes, pies, and similar desserts and pastries, and food that is sold frozen.
77.54(20)(c)1.1. The gross receipts from sales of meals, food, food products and beverages sold by any person, organization or establishment for direct consumption on the premises are taxable, except as provided in
subd. 4.
77.54(20)(c)2.
2. The gross receipts from sales by any person, organization or establishment of the following items for off-premises consumption are taxable:
77.54(20)(c)2.c.
c. Soda fountain items such as sundaes, milk shakes, malts, ice cream cones and sodas.
77.54(20)(c)3.
3. Taxable gross receipts shall include cover, minimum, entertainment, service or other charges made to patrons or customers.
77.54(20)(c)4.
4. Taxable sales do not include meals, food, food products, or beverages sold by hospitals, sanatoriums, nursing homes, retirement homes, community-based residential facilities, as defined in
s. 50.01 (1g), or day care centers licensed under
ch. 48 and served at a hospital, sanatorium, nursing home, retirement home, community-based residential facility, or day care center. In this subdivision "retirement home" means a nonprofit residential facility where 3 or more unrelated adults or their spouses have their principal residence and where support services, including meals from a common kitchen, are available to residents. Taxable sales do not include meals, food, food products, or beverages sold to the elderly or handicapped by persons providing "mobile meals on wheels".
77.54(20)(c)4m.
4m. Taxable sales do not include food and beverage items under
pars. (b) 4. and
(c) 2., and disposable products that are transferred with such items, that are provided by a restaurant to the restaurant's employee during the employee's work hours.
77.54(20)(c)5.
5. Taxable sales shall not include meals, food, food products or beverages, furnished in accordance with any contract or agreement or paid for to such institution through the use of an account of such institution, by a public or private institution of higher education to an undergraduate student, a graduate student or a student enrolled in a professional school if the student is enrolled for credit at that institution and if the goods are consumed by that student and meals, food, food products or beverages furnished to a national football league team under a contract or agreement.
