77.52(2)(a)2.b. b. Taxable sales do not include the sale of admissions by a gun club, including the sale of a gun club membership, if the gun club is a nonprofit organization and if the gun club provides safety classes to at least 25 individuals in the calendar year.
77.52(2)(a)2.c. c. Taxable sales do not include the sale of admissions by a nonprofit organization to participate in any sports activity in which more than 50 percent of the participants are 19 years old or younger.
77.52(2)(a)5.am.am. The sale of prepaid calling services and intrastate, interstate, and international telecommunications services, except interstate 800 services.
77.52(2)(a)5.c. c. The sale of ancillary services, except detailed telecommunications billing services.
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 services that are taxable under subd. 5. or services that are incidental, as defined in s. 77.51 (5), to another service that is not taxable under this subchapter and sold to the purchaser of the incidental service.
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 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)8m. 8m. The towing and hauling of motor vehicles by a tow truck, as defined in s. 340.01 (67n), unless at the time of towing or hauling a sale sourced to this state under s. 77.522 of the motor vehicle to the purchaser would be exempt from the taxes imposed under this subchapter, not including the exempt sale of a motor vehicle to a nonresident under s. 77.54 (5) (a) and nontaxable sales described under s. 77.585 (8).
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 the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, and maintenance of any aircraft or aircraft parts; except for services provided by veterinarians; and except for installing or applying tangible personal property, or items or goods under sub. (1) (b) or (d), 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 or items, property, or goods under sub. (1) (b), (c), or (d), unless, at the time of that repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance, a sale in this state of the type of property, item, or good 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. 77.522 or unless the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance is provided under a contract that is subject to tax under subd. 13m. 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 or items, property, or goods under sub. (1) (b), (c), or (d) 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 installation or replacement is a real property construction activity.
77.52(2)(a)11. 11. The producing, fabricating, processing, printing, or imprinting of tangible personal property or items, property, or goods under sub. (1) (b), (c), or (d) 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 or items, property, or goods under sub. (1) (b), (c), or (d) that results in printed material, catalogs, or envelopes that are exempt under s. 77.54 (25), (25m), or (59).
77.52(2)(a)12. 12. The sale of cable television system services, or video services, as defined in s. 66.0420 (2) (y), including installation charges.
77.52(2)(a)13m. 13m. The sale of contracts, including service contracts, maintenance agreements, computer software maintenance contracts for prewritten computer software, and warranties, that provide, in whole or in part, for the future performance of or payment for the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d), unless the sale, license, lease, or rental in this state of the property, items, or goods to which the contract relates is or was exempt, to the purchaser of the contract, from taxation under this subchapter.
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)1. 1. Furnaces.
77.52(2)(ag)2. 2. Boilers.
77.52(2)(ag)3. 3. Stoves.
77.52(2)(ag)4. 4. Ovens, including associated hoods and exhaust systems.
77.52(2)(ag)5. 5. Heaters.
77.52(2)(ag)6. 6. Air conditioners.
77.52(2)(ag)7. 7. Humidifiers.
77.52(2)(ag)8. 8. Dehumidifiers.
77.52(2)(ag)9. 9. Refrigerators.
77.52(2)(ag)10. 10. Coolers.
77.52(2)(ag)11. 11. Freezers.
77.52(2)(ag)12. 12. Water pumps.
77.52(2)(ag)13. 13. Water heaters.
77.52(2)(ag)14. 14. Water conditioners and softeners.
77.52(2)(ag)15. 15. Clothes washers.
77.52(2)(ag)16. 16. Clothes dryers.
77.52(2)(ag)17. 17. Dishwashers.
77.52(2)(ag)18. 18. Garbage disposal units.
77.52(2)(ag)19. 19. Radios and radio antennas.
77.52(2)(ag)20. 20. Incinerators.
77.52(2)(ag)21. 21. Television receivers and antennas.
77.52(2)(ag)22. 22. Record players.
77.52(2)(ag)23. 23. Tape players.
77.52(2)(ag)24. 24. Jukeboxes.
77.52(2)(ag)25. 25. Vacuum cleaners.
77.52(2)(ag)26. 26. Furniture and furnishings.
77.52(2)(ag)27. 27. Carpeting and rugs.
77.52(2)(ag)28. 28. Bathroom fixtures.
77.52(2)(ag)29. 29. Sinks.
77.52(2)(ag)30. 30. Awnings.
77.52(2)(ag)31. 31. Blinds.
77.52(2)(ag)32. 32. Gas and electric logs.
77.52(2)(ag)33. 33. Heat lamps.
77.52(2)(ag)34. 34. Electronic dust collectors.
77.52(2)(ag)35. 35. Grills and rotisseries.
77.52(2)(ag)36. 36. Bar equipment.
77.52(2)(ag)37. 37. Intercoms.
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)38.a. a. Bowling alleys.
77.52(2)(ag)38.b. b. Golf practice equipment.
77.52(2)(ag)38.c. c. Pool tables.
77.52(2)(ag)38.d. d. Punching bags.
77.52(2)(ag)38.e. e. Ski tows.
77.52(2)(ag)38.f. f. Swimming pools.
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), prisons, mental health institutes, as defined in s. 51.01 (12), centers for the developmentally disabled, as defined in s. 51.01 (3), Type 1 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(2)(ag)39.b. b. Chandeliers.
77.52(2)(ag)39.d. d. Venetian blinds.
77.52(2)(ag)39.e. e. Canvas awnings.
77.52(2)(ag)39.f. f. Office and business machines.
77.52(2)(ag)39.g. g. Ice and milk dispensers.
77.52(2)(ag)39.h. h. Beverage-making equipment.
77.52(2)(ag)39.i. i. Vending machines.
77.52(2)(ag)39.j. j. Soda fountains.
77.52(2)(ag)39.k. k. Steam warmers and tables.
77.52(2)(ag)39.L. L. Compressors.
77.52(2)(ag)39.m. m. Condensing units and evaporative condensers.
77.52(2)(ag)39.n. n. Pneumatic conveying systems.
77.52(2)(ag)40. 40. Laundry, dry cleaning, and pressing machines.
77.52(2)(ag)41. 41. Power tools.
77.52(2)(ag)42. 42. Burglar alarm and fire alarm fixtures.
77.52(2)(ag)43. 43. Electric clocks.
77.52(2)(ag)44. 44. Electric signs.
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) (2m)
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 or items, property, or goods under sub. (1) (b), (c), or (d) if the property, items, or goods transferred by the service provider are incidental to the selling, performing or furnishing of the service, except as provided in par. (b).
77.52(2m)(am) (am) A person selling, performing, or furnishing any service in sub. (2) (a) 1., regardless of whether the selling, performing, or furnishing of the service is a retail sale, is the consumer of any services under sub. (2) (a) 5. or 12. purchased by the person for the person's use or for the use of the person's customers.
77.52(2m)(b) (b) With respect to the type of services under sub. (2) (a) 7., 10., 11., and 20. and except as provided in s. 77.54 (60) (b) and (bm) 2., all tangible personal property or items, property, or goods under sub. (1) (b), (c), or (d) physically transferred, or transferred electronically, to the customer in conjunction with the selling, performing, or furnishing of the service is a sale of tangible personal property or items, property, or goods under sub. (1) (b), (c), or (d) separate from the selling, performing, or furnishing of the service, regardless of whether the purchaser claims an exemption on its purchase of the service. This paragraph does not apply to services provided by veterinarians.
77.52(2n) (2n)The selling, licensing, performing, or furnishing of the services described under sub. (2) (a) at retail in this state, as determined under s. 77.522, is subject to the tax imposed under sub. (2) unless an exemption in this subchapter applies.
77.52(3) (3)The taxes imposed by this section may be collected from the consumer or user.
77.52(3m) (3m)
77.52(3m)(a)(a) Except as provided in par. (b), a marketplace provider is liable for the tax imposed under this section on the entire sales price charged to the purchaser, including any amount charged by the marketplace provider for facilitating the sale, from the sale, license, lease, or rental of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services under sub. (2).
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2019-20 Wisconsin Statutes updated through 2021 Wis. Act 46, through all Orders of the Controlled Substances Board filed before and in effect on June 16, 2021, and through all Supreme Court Orders filed before and in effect on April 15, 2021. Published and certified under s. 35.18. Changes effective after June 16, 2021, other than those made by Supreme Court Order No. 20-07, are designated by NOTES. (Published 6-16-21)