77.54(5)
(5) The sales price from the sale of and the storage, use or other consumption of:
77.54(5)(a)
(a) Aircraft, including accessories, attachments, fuel and parts therefor, sold to persons using such aircraft as certified or licensed carriers of persons or property in interstate or foreign commerce under authority of the laws of the United States or any foreign government, or sold to any foreign government for use by such government outside this state and aircraft, motor vehicles or truck bodies sold to persons who are not residents of this state and who will not use such aircraft, motor vehicles or trucks for which the truck bodies were made in this state otherwise than in the removal of such aircraft, motor vehicles or trucks from this state.
77.54(5)(b)
(b) Motor trucks, truck tractors, road tractors, buses, trailers and semitrailers, and accessories, attachments, parts, supplies and materials therefor, sold to common or contract carriers who use such motor trucks, truck tractors, road tractors, buses, trailers and semitrailers exclusively as common or contract carriers, including the urban mass transportation of passengers as defined in
s. 71.38.
77.54(5)(c)
(c) Motor vehicles which are not required to be licensed for highway use and which are exclusively and directly used in conjunction with waste reduction or recycling activities which reduce the amount of solid waste generated, reuse solid waste, recycle solid waste, compost solid waste or recover energy from solid waste. For the purposes of this paragraph, "solid waste" means garbage, refuse, sludge or other materials or articles, whether these materials or articles are discarded or purchased, including solid, semisolid, liquid or contained gaseous materials or articles resulting from industrial, commercial, mining or agricultural operations or from domestic use or from public service activities.
77.54(5)(d)
(d) Mobile units used for mixing and processing and the motor vehicle or trailer on which the unit is mounted, including accessories, attachments, parts, supplies and materials for those vehicles, trailers and units.
77.54(6)
(6) The sales price from the sale of and the storage, use or other consumption of:
77.54(6)(a)
(a) Machines and specific processing equipment and repair parts or replacements thereof, exclusively and directly used by a manufacturer in manufacturing tangible personal property or items or property under
s. 77.52 (1) (b) or
(c) and safety attachments for those machines and equipment.
77.54(6)(b)
(b) Containers, labels, sacks, cans, boxes, drums, bags or other packaging and shipping materials for use in packing, packaging or shipping tangible personal property or items or property under
s. 77.52 (1) (b) or
(c), if the containers, labels, sacks, cans, boxes, drums, bags, or other packaging and shipping materials are used by the purchaser to transfer merchandise to customers.
77.54(6)(bm)
(bm) Meat casing, wrapping paper, tape, containers, labels, sacks, cans, boxes, drums, bags or other packaging and shipping materials for use in packing, packaging or shipping meat or meat products regardless of whether such items are used to transfer merchandise to customers.
77.54(6)(c)
(c) Fuel converted to electric energy, gas or steam by utilities and that portion of the amount of fuel converted to steam for purposes of resale by persons other than utilities.
77.54(6r)
(6r) The exemption under
sub. (6) shall be strictly construed.
77.54(7)(a)(a) Except as provided in
pars. (b) to
(d), the occasional sales of tangible personal property, items and property under
s. 77.52 (1) (b) and
(c), and services and the storage, use or other consumption in this state of tangible personal property and items and property under
s. 77.52 (1) (b) and
(c) the transfer of which to the purchaser is an occasional sale.
77.54(7)(b)
(b) If the item transferred is a motor vehicle, snowmobile, recreational vehicle, as defined in
s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle or aircraft and the item is registered or titled, or required to be registered or titled, in this state or if the item is a boat that is registered or titled, or required to be registered or titled, in this state or under the laws of the United States, the exemption under
par. (a) applies only if all of the following conditions are fulfilled:
77.54(7)(b)1.
1. The item is transferred to a child, spouse, parent, father-in-law, mother-in-law, daughter-in-law or son-in-law of the transferor or, if the item is a motor vehicle, from the transferor to a corporation owned solely by the transferor or by the transferor's spouse.
77.54(7)(b)2.
2. The item has been registered or titled in the name of the transferor.
77.54(7)(b)3.
3. The transferor is not engaged in the business of selling the type of item that is transferred.
77.54(7)(c)
(c) The exemption under
par. (a) does not apply to the sale of bingo supplies to players or to the sale, rental or use of regular bingo cards, extra regular cards and special bingo cards.
77.54(7)(d)
(d) The exemption under
par. (a) does not apply to sales by a nonprofit organization.
77.54(7m)
(7m) Occasional sales of tangible personal property, or items or property under
s. 77.52 (1) (b) or
(c), or services, including admissions or tickets to an event; by a neighborhood association, church, civic group, garden club, social club or similar nonprofit organization; not involving entertainment for which payment in the aggregate exceeds $500 for performing or as reimbursement of expenses unless access to the event may be obtained without payment of a direct or indirect admission fee; conducted by the organization if the organization is not engaged in a trade or business and is not required to have a seller's permit. For purposes of this subsection, an organization is engaged in a trade or business and is required to have a seller's permit if its sales of tangible personal property, and items, property, and goods under
s. 77.52 (1) (b),
(c), and
(d), and services, not including sales of tickets to events, and its events occur on more than 20 days during the year, unless its receipts do not exceed $25,000 during the year. The exemption under this subsection does not apply to the sales price from the sale of bingo supplies to players or to the sale, rental or use of regular bingo cards, extra regular cards and special bingo cards.
77.54(8)
(8) Charges for insurance, not including contracts under
s. 77.52 (2) (a) 13m., where such charges are separately set forth upon the invoice given by the seller to the purchaser.
77.54(9)
(9) The sales price from sales of tickets or admissions to public and private elementary and secondary school activities, where the entire net proceeds therefrom are expended for educational, religious or charitable purposes.
77.54(9a)
(9a) The sales price from sales to, and the storage by, use by or other consumption of tangible personal property, and items and property under
s. 77.52 (1) (b) and
(c), 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, the Wisconsin Quality Home Care Authority, and the Fox River Navigational System Authority.
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)(ed)
(ed) Any federally recognized American Indian tribe or band 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(9a)(i)
(i) A cemetery company or corporation described under section
501 (c) (13) of the Internal Revenue Code, if the tangible personal property or taxable services are used exclusively by the cemetery company or corporation for the purposes of the company or corporation.
77.54(10)
(10) The sales price 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 sales price 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 sales price 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 sales price 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 sales price from the sales of and the storage, use, or other consumption in this state of drugs 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 drugs, 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 who is a human being 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 drug may not be dispensed without a prescription:
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(15)
(15) The sales price 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 sales price 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 sales price from the sales of and the storage, use or other consumption of water, that is not food and food ingredient, when delivered through mains.
77.54(18)
(18) When the sale of a service or tangible personal property, or items, property, and goods under
s. 77.52 (1) (b),
(c), and
(d), that was previously exempt or not taxable under this subchapter becomes taxable, and the service or tangible personal property, or item, property, or good under
s. 77.52 (1) (b),
(c), or
(d) is furnished under a written contract by which the seller is unconditionally obligated to provide the service or tangible personal property, or item, property, or good under
s. 77.52 (1) (b),
(c), or
(d) for the amount fixed under the contract, the seller is exempt from sales or use tax on the sales price for services or tangible personal property, or items, property, or goods under
s. 77.52 (1) (b),
(c), or
(d) provided until the contract is terminated, extended, renewed or modified. However, from the time the service or tangible personal property, or item, property, or good under
s. 77.52 (1) (b),
(c), or
(d) becomes taxable until the contract is terminated, extended, renewed or modified the user is subject to use tax, measured by the purchase price, on the service or tangible personal property, or item, property, or good under
s. 77.52 (1) (b),
(c), or
(d) purchased under the contract.
77.54(20n)(a)(a) The sales price from the sale of and the storage, use, or other consumption of food and food ingredients, except candy, soft drinks, dietary supplements, and prepared food.
77.54(20n)(b)
(b) The sales price from the sale of and the storage, use, or other consumption of food and food ingredients, except soft drinks, sold by hospitals, sanatoriums, nursing homes, retirement homes, and community-based residential facilities, as defined in
s. 50.01 (1g), [child] and any facility certified or licensed under
ch. 48, including prepared food that is sold to the elderly or handicapped by persons providing mobile meals on wheels. In this paragraph, "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.
77.54 Note
NOTE: Par. (b) is shown as affected by
2009 Wis. Acts 185 and
204 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The language in brackets was inserted by Act 185 but made unnecessary by the treatment by Act 204. Corrective legislation is pending.
77.54(20n)(c)
(c) The sales price from the sale of and the storage, use, or other consumption of food and food ingredients, 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 any of the following:
77.54(20n)(c)1.
1. An undergraduate student, a graduate student, or a student enrolled in a professional school if the student is enrolled for credit at the public or private institution of higher education and if the food and food ingredients are consumed by the student.
77.54(20r)
(20r) The sales price from the sales of and the storage, use, or other consumption of candy, soft drinks, dietary supplements, and prepared foods, and disposable products that are transferred with such items, furnished for no consideration by a restaurant to the restaurant's employee during the employee's work hours.
77.54(21)
(21) The sales price from the sales of and the storage, use or other consumption of caskets and burial vaults for human remains.
77.54(22b)
(22b) The sales price from the sale of and the storage, use, or other consumption of durable medical equipment that is for use in a person's home, mobility-enhancing equipment, and prosthetic devices, and accessories for such equipment or devices, if the equipment or devices are used for a human being.
77.54(23m)
(23m) The sales price from the sale of or the storage, use or other consumption of motion picture film or tape, and motion pictures or radio or television programs for listening, viewing, or broadcast, and advertising materials related thereto, sold to a motion picture theater or radio or television station.
77.54(25)
(25) The sales price from the sale of and the storage of printed material which is designed to advertise and promote the sale of merchandise, or to advertise the services of individual business firms, which printed material is purchased and stored for the purpose of subsequently transporting it outside the state by the purchaser for use thereafter solely outside the state. This subsection does not apply to catalogs and the envelopes in which the catalogs are mailed.
77.54(25m)
(25m) The sales price from the sale of and the storage, use, or other consumption of catalogs, and the envelopes in which the catalogs are mailed, that are designed to advertise and promote the sale of merchandise or to advertise the services of individual business firms.
77.54(26)
(26) The sales price from the sales of and the storage, use, or other consumption of tangible personal property and items and property under
s. 77.52 (1) (b) and
(c) which becomes a component part of an industrial waste treatment facility that is exempt under
s. 70.11 (21) or that would be exempt under
s. 70.11 (21) if the property were taxable under
ch. 70, or tangible personal property and items and property under
s. 77.52 (1) (b) and
(c) which becomes a component part of a waste treatment facility of this state or any agency thereof, or any political subdivision of the state or agency thereof as provided in
s. 40.02 (28). The exemption includes replacement parts therefor, and also applies to chemicals and supplies used or consumed in operating a waste treatment facility and to purchases of tangible personal property and items and property under
s. 77.52 (1) (b) and
(c) made by construction contractors who transfer such property to their customers in fulfillment of a real property construction activity. This exemption does not apply to tangible personal property and items and property under
s. 77.52 (1) (b) and
(c) installed in fulfillment of a written construction contract entered into, or a formal written bid made, prior to July 31, 1975.
77.54(26m)
(26m) The sales price from the sale of and the storage, use or other consumption of waste reduction or recycling machinery and equipment, including parts therefor, exclusively and directly used for waste reduction or recycling activities which reduce the amount of solid waste generated, reuse solid waste, recycle solid waste, compost solid waste or recover energy from solid waste. The exemption applies even though an economically useful end product results from the use of the machinery and equipment. For the purposes of this subsection, "solid waste" means garbage, refuse, sludge or other materials or articles, whether these materials or articles are discarded or purchased, including solid, semisolid, liquid or contained gaseous materials or articles resulting from industrial, commercial, mining or agricultural operations or from domestic use or from public service activities.
77.54(27)
(27) The sales price from the sale of semen used for artificial insemination of livestock.
77.54(28)
(28) The sales price from the sale of and the storage, use or other consumption to or by the ultimate consumer of supplies used to determine blood sugar level.
77.54(29)
(29) The sales price from the sales of and the storage, use or other consumption of equipment used in the production of maple syrup.
77.54(30)(a)1.
1. Coal, fuel oil, propane, steam, peat, fuel cubes produced from solid waste and wood used for fuel sold for residential use.
77.54(30)(a)2.
2. Electricity and natural gas sold during the months of November, December, January, February, March and April for residential use.
77.54(30)(a)3.
3. Electricity sold for use in farming, including but not limited to agriculture, dairy farming, floriculture, silviculture, and horticulture.
77.54(30)(a)4.
4. Any residue that is used as fuel in a business activity and that results from the harvesting of timber or the production of wood products, including slash, sawdust, shavings, edgings, slabs, leaves, wood chips, bark and wood pellets manufactured primarily from wood or primarily from wood residue.
77.54(30)(a)5.
5. Fuel sold for use in farming, including but not limited to agriculture, dairy farming, floriculture, silviculture, and horticulture.
77.54(30)(a)6.
6. Fuel and electricity consumed in manufacturing tangible personal property, or items or property under
s. 77.52 (1) (b) or
(c), in this state.
77.54(30)(a)7.
7. Fuel sold for use in motorboats that are regularly employed in carrying persons for hire for sport fishing in and upon the outlying waters, as defined in
s. 29.001 (63), and the rivers and tributaries specified in
s. 29.2285 (2) (a) 1. and
2., if the owner and all operators are licensed under
s. 29.514 to operate the boat for that purpose.
