Accounting and Tax Tips: Wisconsin State and Local Tax Updates
SALES AND USE TAX—Sales and use tax update.
The Wisconsin Department of Revenue has issued its periodic sales and use tax update. Retailers that are registered to collect and remit Wisconsin sales and use tax must collect and remit the applicable state, county, and/or stadium sales and use tax on sales of motor vehicles, trailers, semitrailers, boats, snowmobiles, all-terrain vehicles, recreational vehicles, and aircraft. the requirement to collect and remit the tax on such sales applies even if the retailer is not a dealer or registered dealer of the item sold. Retailers should provide to the buyer a signed Certificate of Title and a receipt showing the tax to the buyer. thus, the buyer can show that tax was already paid when registering or titling the item and will not be required to pay the tax upon registering or titling the item. Sales of motor vehicles, aircraft, and truck bodies (including semitrailers) to Wisconsin nonresidents who do not use the property except other than to remove such property from Wisconsin are exempt from Wisconsin sales and use tax. also, the Department recapped various sales and use tax issues that were reported in previous issues of State & Local Taxes Weekly, including the increase in the local exposition basic room tax rate to 2.5% from 2% beginning January 1, 2011, tax treatment of landscaping, snow removal services, and flags and flag kits, and the closure of the Rhinelander office effective December 13, 2010 as part of a consolidation of field offices into regional service centers. (Wisconsin Dept. of Rev. Sales and Use Tax Report 4-10, 12/01/2010.)
SALES AND USE TAX—Septic systems.
The Wisconsin Department of Revenue has issued information explaining how Wisconsin sales and use tax applies to the sales and purchases of property and services by persons installing septic systems. Wis. Admin. Code Tax §11.68(7)(b) provides that if a few items of tangible personal property, items, property, or goods or taxable services are minor in relation to the total amount of a contract and are sold as part of a contract which includes construction of a building or other real property improvement and no separate charge is made in any document provided to the customer for the taxable property, items, goods, and services, the cost of all such property, items, goods, and services to the construction contractor must be used as the measure subject to sales tax. the tangible personal property, property, items, and goods and taxable services are “minor in relation to the total amount of a contract” if the sales price of the taxable property, items, goods, and services included in the contract is 10% or less of the total contract amount based on a reasonable allocation. if a separate charge is made in any document provided to the customer, including a contract, contract addendum, appendix, or payment request, for any of the taxable property, items, goods, or services, the separate charge is subject to tax. Examples are provided to help clarify how these provisions are applied. (Wisconsin News for Tax Practitioners 12/20/2010(Charges by Septic system Installers that also Provide Taxable Tangible Personal Property and Taxable Services), 12/20/2010.)
SALES AND USE TAX—Registration of snowmobiles/ATV’s – nonresidents
The Wisconsin Department of Revenue has issued information regarding the registration and taxation of snowmobiles and ATV’s (all-terrain vehicles) owned by nonresidents. Generally, a person who is not a resident of Wisconsin but who registers or titles or is required to register or title his or her snowmobile or ATV in Wisconsin, is required to pay the applicable Wisconsin sales or use tax due on the purchase of the snowmobile or ATV at the time the snowmobile or ATV is registered or titled in Wisconsin. this requirement also applies to snowmobiles and ATVs that are registered or titled in Wisconsin by nonresidents for the purpose of obtaining a trail pass from the Wisconsin Department of Natural Resources. However, if the person has already paid a sales or use tax that was legally due and owing to another state, the sales or use tax paid to the other state may be used to offset some or all of the sales or use tax due in Wisconsin. Examples are provided showing the application of Wisconsin sales tax in various instances. (Wisconsin News for Tax Practitioners 12/20/2010(Registration of Snowmobiles and ATV’s in Wisconsin by Nonresidents), 12/20/2010.)
SALES AND USE TAX—Exempt sales of propane.
The Department of Revenue advises taxpayers that if 100% of the propane sold to a customer in Wisconsin is for use in the person’s permanent residence or for farm use, an exemption certificate is not required; however, the seller must maintain adequate records to identify which sales are exempt. if for any reason the propane is not 100% exempt from Wisconsin sales and use tax, then an exemption certificate must be completed by the customer and kept on file by the seller. Sellers of propane should always have an exemption certificate on file for sales to manufacturers who claim some or all of their propane is exempt from Wisconsin sales and use tax. “Residential use” for purposes of the tax exemption includes, but is not limited to, (1) use in an attached garage (regardless of whether there is a separate tank or meter); (2) use in an unattached garage (regardless of whether there is a separate tank or meter); (3) use in a backyard swimming pool; (4) use in a gas grill; (5) use in outdoor gas lights and lamps; (6) use in a whirlpool or sauna; or (7) use in a space heater. Uses of propane that are not considered “for residential use” include, but are not limited to, (1) use in a gas grill at a campground; (2) use in a recreational vehicle; (3) use in a pool at a health club; or (4) use in a garage where a trade or business is carried on (such as use in a garage at a residence that is used to conduct the resident’s business of small engine repair). (Wisconsin News for Tax Practitioners 12/20/2010(Do I Need a Wisconsin Sales and Use Tax Exemption Certificate for Every Residential Customer to Sell Them Propane Without Wisconsin Sales Tax?), 12/20/2010.)
SALES AND USE TAX—Tax collection–boats/snowmobiles/recreation vehicles.
The Wisconsin Department of Revenue reminds taxpayers that all retailers that are registered to collect and remit Wisconsin sales and use taxes must also collect and remit the applicable state, county, and/or stadium sales and use tax on its sales of motor vehicles, boats, snowmobiles, recreational vehicles as defined in Wis. Stat. §340.01(48r), trailers, semitrailers, all-terrain vehicles, and aircraft, regardless of whether the retailer is a “dealer,” or a “registered dealer” for the item sold. A retailer is a person who holds a Wisconsin seller’s permit or use tax registration certificate issued by the Department to collect and remit sales or use tax on taxable sales made by the person. the retailer should sign the Certificate of Title and give this to the buyer along with a receipt showing the tax paid, and report the tax on the sales and use tax return that it files with the Department. if an individual holds a seller’s permit or use tax registration certificate and sells a motor vehicle or other item that was used personally and not used in the individual’s business, the individual is not responsible to collect tax on the sale. Whether or not a retailer is required to collect and remit county and stadium taxes depends on the type of item sold. (Wisconsin News for Tax Practitioners 12/20/2010(Reporting Sales Tax on Sales of used Motor Vehicles, Boats, Snowmobiles, Recreational Vehicles, Trailers, Semitrailers, All-Terrain Vehicles, and Aircraft), 12/20/2010.)
PROPERTY—Lottery and gaming credit.
The Wisconsin Department of Revenue has issued a publication describing the process for computing the lottery and gaming credit on manufactured and mobile homes which pay monthly municipal permit fees. only manufactured and mobile homes used as primary residences are eligible for the credit. (How to Compute and Distribute Monthly Municipality Permit Fees and Manufactured and Mobile Home Lottery & Gaming Credit for 2011, Wisconsin Dept. of Rev.)
The problem
March 16, 2010, 5:31 AM EDT