SB62,232,1612
(d) The seller has not received a notice of the commencement of an audit from
13the department or, if the seller has received a notice of the commencement of an audit
14from the department, the audit has been fully resolved, including any related
15administrative and judicial processes, at the time that the seller registers under par.
16(a).
SB62,232,1817
(e) The seller has not committed or been involved in a fraud or an intentional
18misrepresentation of a material fact.
SB62,232,2119
(f) The seller collects and remits the taxes imposed under this subchapter and
20subch. V on sales to purchasers in this state for at least 3 consecutive years after the
21date on which the seller's collection obligation begins.
SB62,232,23
22(2) Subsection (1) does not apply to taxes imposed under this subchapter and
23subch. V that are due from the seller for purchases made by the seller.
SB62, s. 521
24Section
521. 77.70 of the statutes is amended to read:
SB62,233,11
177.70 Adoption by county ordinance. Any county desiring to impose county
2sales and use taxes under this subchapter may do so by the adoption of an ordinance,
3stating its purpose and referring to this subchapter. The county sales and use taxes
4may be imposed only for the purpose of directly reducing the property tax levy and
5only in their entirety as provided in this subchapter. That ordinance shall be
6effective on the first day of January, the first day of April, the first day of July or the
7first day of October. A certified copy of that ordinance shall be delivered to the
8secretary of revenue at least 120 days prior to its effective date. The repeal of any
9such ordinance shall be effective on December 31. A certified copy of a repeal
10ordinance shall be delivered to the secretary of revenue at least
60 120 days before
11the effective date of the repeal.
SB62, s. 522
12Section
522. 77.705 of the statutes is amended to read:
SB62,233,21
1377.705 Adoption by resolution; baseball park district. A local
14professional baseball park district created under subch. III of ch. 229, by resolution
15under s. 229.68 (15), may impose a sales tax and a use tax under this subchapter at
16a rate of no more than 0.1% of the
gross receipts or sales price
or purchase price.
17Those taxes may be imposed only in their entirety. The resolution shall be effective
18on the first
day of the first month January 1, April 1, July 1, or October 1 that begins
19at least
30 120 days after the adoption of the resolution. Any moneys transferred
20from the appropriation account under s. 20.566 (1) (gd) to the appropriation account
21under s. 20.835 (4) (gb) shall be used exclusively to retire the district's debt.
SB62, s. 523
22Section
523. 77.706 of the statutes is amended to read:
SB62,234,8
2377.706 Adoption by resolution; football stadium district. A local
24professional football stadium district created under subch. IV of ch. 229, by
25resolution under s. 229.824 (15), may impose a sales tax and a use tax under this
1subchapter at a rate of 0.5% of the
gross receipts or sales price
or purchase price.
2Those taxes may be imposed only in their entirety. The imposition of the taxes under
3this section shall be effective on the first
day of the first month January 1, April 1,
4July 1, or October 1 that begins at least
30
120 days after the certification of the
5approval of the resolution by the electors in the district's jurisdiction under s. 229.824
6(15). Any moneys transferred from the appropriation account under s. 20.566 (1) (ge)
7to the appropriation account under s. 20.835 (4) (ge) shall be used exclusively to retire
8the district's debt.
SB62, s. 524
9Section
524. 77.707 (1) of the statutes is amended to read:
SB62,234,1710
77.707
(1) Retailers and the department of revenue may not collect a tax under
11s. 77.705 for any local professional baseball park district created under subch. III of
12ch. 229 after the
last day of the calendar quarter
during that is at least 120 days from
13the date on which the local professional baseball park district board makes a
14certification to the department of revenue under s. 229.685 (2), except that the
15department of revenue may collect from retailers taxes that accrued before
the day
16after the last day of that calendar quarter and fees, interest and penalties that relate
17to those taxes.
SB62, s. 525
18Section
525. 77.707 (2) of the statutes is amended to read:
SB62,235,219
77.707
(2) Retailers and the department of revenue may not collect a tax under
20s. 77.706 for any local professional football stadium district created under subch. IV
21of ch. 229 after the
last day of the calendar quarter
during that is at least 120 days
22from the date on which the local professional football stadium district board makes
23all of the certifications to the department of revenue under s. 229.825 (3), except that
24the department of revenue may collect from retailers taxes that accrued before
the
1day after the last day of that calendar quarter and fees, interest and penalties that
2relate to those taxes.
SB62, s. 526
3Section
526. 77.71 (1) of the statutes is amended to read:
SB62,235,134
77.71
(1) For the privilege of selling,
licensing, leasing or renting tangible
5personal property
and the items, property, and goods specified under s. 77.52 (1) (b),
6(c), and (d), and for the privilege of selling,
licensing, performing or furnishing
7services a sales tax is imposed upon retailers at the rate of 0.5% in the case of a county
8tax or at the rate under s. 77.705 or 77.706 in the case of a special district tax of the
9gross receipts sales price from the sale,
license, lease or rental of tangible personal
10property
and the items, property, and goods specified under s. 77.52 (1) (b), (c), and
11(d), except property taxed under sub. (4), sold,
licensed, leased or rented at retail in
12the county or special district or from selling,
licensing, performing or furnishing
13services described under s. 77.52 (2) in the county or special district.
SB62, s. 527
14Section
527. 77.71 (2) of the statutes is amended to read:
SB62,236,315
77.71
(2) An excise tax is imposed at the rate of 0.5% in the case of a county tax
16or at the rate under s. 77.705 or 77.706 in the case of a special district tax of the
sales 17purchase price upon every person storing, using or otherwise consuming in the
18county or special district tangible personal property
, or items, property, or goods
19specified under s. 77.52 (1) (b), (c), or (d), or services if the
tangible personal property
,
20item, property, good, or service is subject to the state use tax under s. 77.53, except
21that a receipt indicating that the tax under sub. (1), (3) or (4) has been paid relieves
22the buyer of liability for the tax under this subsection and except that if the buyer
23has paid a similar local tax in another state on a purchase of the same
tangible
24personal property
, item, property, good, or services that tax shall be credited against
25the tax under this subsection and except that for motor vehicles that are used for a
1purpose in addition to retention, demonstration or display while held for sale in the
2regular course of business by a dealer the tax under this subsection is imposed not
3on the
sales purchase price but on the amount under s. 77.53 (1m).
SB62, s. 528
4Section
528. 77.71 (3) of the statutes is amended to read:
SB62,236,165
77.71
(3) An excise tax is imposed upon a contractor engaged in construction
6activities within the county or special district, at the rate of 0.5% in the case of a
7county tax or at the rate under s. 77.705 or 77.706 in the case of a special district tax
8of the
sales purchase price of tangible personal property
or items, property, or goods
9under s. 77.52 (1) (b), (c), or (d) that
is are used in constructing, altering, repairing
10or improving real property and that
becomes became a component part of real
11property in that county or special district, except that if the contractor has paid the
12sales tax of a county in the case of a county tax or of a special district in the case of
13a special district tax in this state on that
tangible personal property
, item, property,
14or good, or has paid a similar local sales tax in another state on a purchase of the same
15tangible personal property
, item, property, or good, that tax shall be credited against
16the tax under this subsection.
SB62, s. 529
17Section
529. 77.71 (4) of the statutes is amended to read:
SB62,237,218
77.71
(4) An excise tax is imposed at the rate of 0.5 percent in the case of a
19county tax or at the rate under s. 77.705 or 77.706 in the case of a special district tax
20of the
sales purchase price upon every person storing, using or otherwise consuming
21a motor vehicle, boat,
snowmobile, recreational vehicle, as defined in s. 340.01 (48r),
22trailer, semitrailer, all-terrain vehicle or aircraft, if that property must be registered
23or titled with this state and if that property is to be customarily kept in a county that
24has in effect an ordinance under s. 77.70 or in a special district that has in effect a
25resolution under s. 77.705 or 77.706, except that if the buyer has paid a similar local
1sales tax in another state on a purchase of the same property that tax shall be
2credited against the tax under this subsection.
SB62, s. 530
3Section
530. 77.72 (title) of the statutes is repealed.
SB62, s. 531
4Section
531. 77.72 (1) of the statutes is renumbered 77.72 and amended to
5read:
SB62,237,14
677.72 General rule for property
. For the purposes of this subchapter, all
7retail sales of tangible personal property
are completed at the time when, and the
8place where, the seller or the seller's agent transfers possession to the buyer or the
9buyer's agent. In this subsection, a common carrier or the U.S. postal service is the
10agent of the seller, regardless of any f.o.b. point and regardless of the method by
11which freight or postage is paid. Rentals and leases of property, except property
12under sub. (2), have a situs at the location of that property, and items, property, and
13goods specified under s. 77.52 (1) (b), (c), and (d), and taxable services are sourced as
14provided in s. 77.522.
SB62, s. 532
15Section
532. 77.72 (2) and (3) of the statutes are repealed.
SB62, s. 533
16Section
533. 77.73 (2) of the statutes is amended to read:
SB62,237,2417
77.73
(2) Counties and special districts do not have jurisdiction to impose the
18tax under s. 77.71 (2) in regard to
items, property, and goods under s. 77.52 (1) (b),
19(c), and (d), and tangible personal property
, except snowmobiles, trailers,
20semitrailers, and all-terrain vehicles, purchased in a sale that is consummated in
21another county or special district in this state that does not have in effect an
22ordinance or resolution imposing the taxes under this subchapter and later brought
23by the buyer into the county or special district that has imposed a tax under s. 77.71
24(2).
SB62, s. 534
25Section
534. 77.73 (3) of the statutes is created to read: