SB40-ASA1, s. 2143 Section 2143. 77.61 (3) of the statutes is repealed.

SB40-ASA1, s. 2144 Section 2144. 77.61 (3m) of the statutes is created to read:

SB40-ASA1,1159,2 77.61 (3m) A retailer shall use a straight mathematical computation to determine the amount of the tax that the retailer may collect from the retailer's customers. The retailer shall calculate the tax amount by combining the applicable tax rates under this subchapter and subch. V and multiplying the combined tax rate by the sales price or purchase price of each item or invoice, as appropriate. The retailer shall calculate the tax amount to the 3rd decimal place, disregard tax amounts of less than 0.5 cent, and consider tax amounts of at least 0.5 cent but less than 1 cent to be an additional cent. The use of a straight mathematical computation, as provided in this subsection, shall not relieve the retailer from liability for payment of the full amount of the tax levied under this subchapter.

SB40-ASA1, s. 2145 Section 2145. 77.61 (4) (a) of the statutes is amended to read:

SB40-ASA1,1159,14 77.61 (4) (a) Every seller and retailer and every person storing, using or otherwise consuming in this state tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, additional digital goods, or taxable services purchased from a retailer shall keep such records, receipts, invoices, and other pertinent papers and records, including machine-readable records, in such form as the department requires. The department may, after giving notice, require any person to keep whatever records are needed for the department to compute the sales or use taxes the person should pay. Thereafter, the department shall add to any taxes assessed on the basis of information not contained in the records required a penalty of 25% of the amount of the tax so assessed in addition to all other penalties under this chapter.

SB40-ASA1, s. 2146 Section 2146. 77.61 (4) (c) of the statutes is amended to read:

SB40-ASA1,1160,2 77.61 (4) (c) For reporting the sales tax and collecting and reporting the use tax imposed on the retailer under s. 77.53 (3) and the accounting connected with it, retailers, not including certified service providers that receive compensation under s. 73.03 (61) (h), may deduct 0.5% of those taxes payable or $10 for that reporting period required under s. 77.58 (1), whichever is greater, but not more than the amount of the sales taxes or use taxes that is payable under ss. 77.52 (1) and 77.53 (3) for that reporting period required under s. 77.58 (1), as administration expenses if the payment of the taxes is not delinquent. For purposes of calculating the retailer's discount under this paragraph, the taxes on retail sales reported by retailers under subch. V, including taxes collected and remitted as required under s. 77.785, shall be included if the payment of those taxes is not delinquent.

SB40-ASA1, s. 2147 Section 2147. 77.61 (5) (b) 11. of the statutes is amended to read:

SB40-ASA1,1160,6 77.61 (5) (b) 11. The department of workforce development children and families or a county child support agency under s. 59.53 (5) in response to a request under s. 49.22 (2m).

SB40-ASA1, s. 2148 Section 2148. 77.61 (5m) of the statutes is created to read:

SB40-ASA1,1160,9 77.61 (5m) (a) In this subsection, "personally identifiable information" means any information that identifies a person.

SB40-ASA1,1160,16 (b) A certified service provider may use personally identifiable information as necessary only for the administration of its system to perform a seller's sales and use tax functions and shall provide consumers clear and conspicuous notice of its practice regarding such information, including what information it collects, how it collects the information, how it uses the information, how long, if at all, it retains the information, and under what circumstances it discloses the information to states participating in the agreement, as defined in 77.65 (2) (a).

SB40-ASA1,1160,19 (c) A certified service provider may collect, use, and retain personally identifiable information only to verify exemption claims, to investigate fraud, and to ensure its system's reliability.

SB40-ASA1,1160,22 (d) A certified service provider shall provide sufficient technical, physical, and administrative safeguards to protect personally identifiable information from unauthorized access and disclosure.

SB40-ASA1,1160,25 (e) For purposes of this subchapter, the state shall provide to consumers public notice of the state's practices related to collecting, using, and retaining personally identifiable information.

SB40-ASA1,1161,4 (f) The state shall not retain personally identifiable information obtained for purposes of administering this subchapter unless the state is otherwise required to retain the information by law or as provided under the agreement, as defined in s. 77.65 (2) (a).

SB40-ASA1,1161,7 (g) For purposes of this subchapter, the state shall provide an individual reasonable access to that individual's personally identifiable information and the right to correct any inaccurately recorded information.

SB40-ASA1,1161,12 (h) If any person, other than another state that is a signatory to the agreement, as defined in s. 77.65 (2) (a), or a person authorized under state law to access the information, requests access to an individual's personally identifiable information, the state shall make a reasonable and timely effort to notify the individual of the request.

SB40-ASA1, s. 2452m Section 2452m. 77.61 (11) of the statutes is amended to read:

SB40-ASA1,1161,22 77.61 (11) Any city, village or town clerk or other official whose duty it is to issue licenses or permits to engage in a business involving the sale at retail of tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods subject to tax under this subchapter, or the furnishing of services so subject to tax, shall, before issuing such license or permit, require proof that the person to whom such license or permit is to be issued is the holder of a seller's permit as required by this subchapter or has been informed by an employee of the department that the department will issue a seller's permit to that person.

SB40-ASA1, s. 2149 Section 2149. 77.61 (16) of the statutes is created to read:

SB40-ASA1,1162,3 77.61 (16) Any person who remits taxes and files returns under this subchapter may designate an agent, as defined in s. 77.524 (1) (ag), to remit such taxes and file such returns with the department in a manner prescribed by the department.

SB40-ASA1, s. 2453m Section 2453m. 77.61 (17) of the statutes is created to read:

SB40-ASA1,1162,10 77.61 (17) With regard to services subject to the tax under s. 77.52 (2) or the lease, rental, or license of tangible personal property and property and items specified under s. 77.52 (1) (b) to (d), an increase in the tax rate applies to the first billing period beginning on or after the rate increase's effective date and a decrease in the tax rate applies to bills that are rendered on or after the rate decrease's effective date.0

SB40-ASA1, s. 2150 Section 2150. 77.63 of the statutes is repealed and recreated to read:

SB40-ASA1,1162,16 77.63 Collection compensation. The following persons may retain a portion of sales and use taxes collected on retail sales under this subchapter and subch. V in an amount determined by the department and by contracts that the department enters into jointly with other states as a member state of the streamlined sales tax governing board pursuant to the agreement, as defined in s. 77.65 (2) (a):

SB40-ASA1,1162,17 (1) A certified service provider.

SB40-ASA1,1162,19 (2) A seller that uses a certified automated system, as defined in s. 77.524 (1) (am).

SB40-ASA1,1163,7 (3) A seller that sells tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, additional digital goods, or taxable services in at least 5 states that are signatories to the agreement, as defined in s. 77.65 (2) (a); that has total annual sales revenue of at least $500,000,000; that has a proprietary system that calculates the amount of tax owed to each taxing jurisdiction in which the seller sells tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, additional digital goods, or taxable services; and that has entered into a performance agreement with the states that are signatories to the agreement, as defined in s. 77.65 (2) (a). For purposes of this subsection, "seller" includes an affiliated group of sellers using the same proprietary system to calculate the amount of tax owed in each taxing jurisdiction in which the sellers sell tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, additional digital goods, or taxable services.