Sales And Use Tax Report - Wisconsin Department Of Revenue - 2013 Page 9
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15July 2013
SALES AND USE TAX REPORT
Issue No. 1-13
9
A retailer receiving a fully completed exemption certificate from the purchaser after report-
ing a sale covered by the exemption certificate as taxable may claim a deduction on its
sales tax return for the sales price of the items covered by the exemption certificate if all of
the following conditions are satisfied:
• The retailer has paid the tax to the Department of Revenue,
• The exemption certificate was received by the retailer in the same taxable year (for
income or franchise tax purposes) of the retailer in which the sale covered by the
exemption certificate occurred, and
• The retailer has returned to the buyer, in cash or credit, all tax previously paid by
the buyer.
The deduction is claimed on the return filed for the period in which the retailer receives the
exemption certificate.
If the seller is ineligible to claim a deduction on its sales tax return, the seller may file a
claim for refund.
Under prior law, a retailer who filed a sales tax return and paid the sales tax on a transac-
tion and subsequently received a fully completed exemption certificate from the purchaser
for that transaction, must have amended that sales tax return in order to have received a re-
fund.
3. Federal Legislation for Remote Sellers - Revenues Must be Used to Reduce Wisconsin
Income Tax (2013 Act 20, create sec. 73.03(71)(a) – (c), effective July 2, 2013.)
The Department of Revenue is required to determine the amount of additional revenue col-
lected from sales and use taxes as a result of any federal law that expands the state's
authority to require out-of-state retailers to collect and remit Wisconsin sales and use taxes
on purchases by Wisconsin residents during the first 12 months following the date on
which the department begins collecting such additional revenue.
After determining the amount of additional revenue, the department must determine how
much the individual income tax rates may be reduced in the following taxable year in order
to eliminate the alternative minimum tax under
sec.
71.08, Wis. Stats., and decrease indi-
vidual income tax revenue by the amount determined under the paragraph above. The
department will calculate the tax rate reductions in proportion to the share of gross tax at-
tributable to each of the tax brackets under sec. 71.06, Wis. Stats., in effect during the most
recently completed taxable year.
The Department of Revenue will then certify these determinations to the Secretary of the
Department of Administration, the governor, and the legislature and specify that the elimi-
nation of the alternative minimum tax and the new tax rates will take effect in the taxable
year following the taxable year in which the department makes its certification.
4. Increase Dollar Amounts Used to Establish Filing Frequency (2013 Act 20, amend
sec. 77.58(1)(a), effective January 1, 2014.)
For tax years beginning on or after January 1, 2014, a retailer's reporting period for sales
and use tax purposes will be monthly if the amount of tax due in any one calendar quarter
is more than $1,200. Under prior law, this standard was $600.
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