HB0259 - Uniform Sales & Use Tax Administration Act.
2001 |
State of Wyoming |
01LSO-0579.E1 ENGROSSED |
HOUSE BILL NO. HB0259
Uniform Sales & Use Tax Administration Act.
Sponsored by: Representative(s) Hines and Nagel and
Senator(s) Devin, Mockler and Peck
A BILL
for
1 AN ACT relating to
taxation and revenue; providing for the
2
Uniform Sales and Use Tax Administration Act as specified;
3
providing authorization to enter into an agreement for the
4
administration and enforcement of sales and use tax
5
collections as specified; amending and conforming
6
definitions; and providing for effective dates.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section
1. W.S. 39-15-401 through
39-15-408 are
11 created to read:
13 ARTICLE 4
14 UNIFORM SALES AND USE TAX ADMINISTRATION ACT
15
16 39-15-401. Title.
Page 1
1
2 This act shall be known
and may be cited as the "Uniform
3
Sales and Use Tax Administration Act."
4
5 39-15-402. Definitions.
6
7 (a) As used in this article:
8
9 (i) "Agreement"
means the streamlined sales and
10 use tax agreement;
11
12 (ii) "Certified
automated system" means software
13 certified jointly by the states that
are signatories to the
14 agreement to calculate the tax
imposed by each jurisdiction
15 on a transaction, determine the
amount of tax to remit to
16 the appropriate state and maintain a
record of the
17 transaction;
18
19 (iii) "Certified
service provider" means an
20 agent certified jointly by the
states that are signatories
21 to the agreement to perform all of
the seller's sales tax
22 functions;
23
Page 2
1 (iv) "Department"
means the department of
2
revenue;
3
4 (v) "Director"
means the director of the
5
department of revenue;
6
7 (vi) "Person"
means an individual, trust,
8
estate, fiduciary, partnership, limited liability company,
9
limited liability partnership, corporation or any other
10 legal entity;
11
12 (vii) "Sales
tax" means the tax levied under
13 W.S. 39-15-101 through 39-15-311;
14
15 (viii) "Seller"
means any person making sales,
16 leases, or rentals of personal
property or services;
17
18 (ix) "State"
means any state of the United
19 States and includes the District of
Columbia;
20
21 (x) "Use
tax" means the tax levied under W.S.
22 39-16-101 through 39-16-311.
23
24 39-15-403. Authority to enter agreement.
Page 3
1
2 (a) The
department of revenue is authorized and
3
directed to enter into the streamlined sales and use tax
4
agreement with one (1) or more states to simplify and
5
modernize sales and use tax administration in order to
6
substantially reduce the burden of tax compliance for all
7
sellers and for all types of commerce. In furtherance of
8
the agreement, the department is authorized to act jointly
9
with other states that are members of the agreement to
10 establish standards for certification
of a certified
11 service provider and certified
automated system and
12 establish performance standards for
multistate sellers.
13
14 (b) The
department of revenue is further authorized
15 to take other actions reasonably
required to implement the
16 provisions set forth in this
article. Other actions
17 authorized by this section include,
but are not limited to,
18 the adoption of rules and
regulations and the joint
19 procurement, with other member
states, of goods and
20 services in furtherance of the
cooperative agreement.
21
22 (c) The
director of the department or the director's
23 designee is authorized to represent
this state before the
24 other states that are signatories to
the agreement.
Page 4
1
2 39-15-404. Relationship to state law.
3
4 No provision of the
agreement authorized by this article in
5
whole or part shall invalidate or amend any provision of
6
the law of this state. Adoption of the agreement by this
7
state shall not amend or modify any law of this state.
8
Implementation of any condition of the agreement in this
9
state, whether adopted before, at or after membership of
10 this state in the agreement, shall
be by action of the
11 legislature.
12
13 39-15-405. Agreement requirements.
14
15 (a) The
department of revenue shall not enter into
16 the streamlined sales and use tax
agreement unless the
17 agreement requires that as a
condition of participation
18 each state shall abide by the
following requirements:
19
20 (i) Uniform
state rate. The agreement shall set
21 restrictions to achieve over time
more uniform state rates
22 through the following:
23
24 (A) Limiting the number of state rates;
Page 5
1
2 (B) Limiting
the application of maximums on
3
the amount of state tax that is due on a transaction;
4
5 (C) Limiting
the application of thresholds
6
on the application of state tax.
7
8 (ii) Uniform
standards. The agreement shall
9
establish uniform standards for the following:
10
11 (A) The
sourcing of transactions to taxing
12 jurisdictions;
13
14 (B) The administration of exempt sales;
15
16 (C) The
allowances a seller can take for
17 bad debts;
18
19 (D) Sales and
use tax returns and
20 remittances.
21
22 (iii) Uniform
definitions. The agreement shall
23 require states to develop and adopt
uniform definitions of
24 sales and use tax terms. The
definitions shall enable a
Page 6
1 state
to preserve its ability to make policy choices not
2
inconsistent with the uniform definitions;
3
4 (iv) Central
registration. The agreement shall
5
provide a central, electronic registration system that
6
allows a seller to register to collect and remit sales and
7
use taxes for all signatory states;
8
9 (v) No nexus
attribution. The agreement shall
10 provide that registration with the
central registration
11 system and the collection of sales
and use taxes in the
12 signatory states will not be used as
a factor in
13 determining whether the seller has
nexus with a state for
14 any tax;
15
16 (vi) Local sales
and use taxes. The agreement
17 shall provide for reduction of the
burdens of complying
18 with local sales and use taxes
through the following:
19
20 (A) Restricting
and eliminating variances
21 between the state and local tax
bases;
22
23 (B) Requiring
states to administer any
24 sales and use taxes levied by local
jurisdictions within
Page 7
1 the
state so that sellers collecting and remitting the
2
taxes will not have to register or file returns with, remit
3
funds to, or be subject to independent audits from local
4
taxing jurisdictions;
5
6 (C) Restricting
the frequency of changes in
7
the local sales and use tax rates and setting effective
8
dates for the application of local jurisdictional boundary
9
changes to local sales and use taxes;
10
11 (D) Providing
notice of changes in local
12 sales and use tax rates and of
changes in the boundaries of
13 local taxing jurisdictions.
14
15 (vii) Monetary
allowances. The agreement shall
16 outline any monetary allowances that
are to be provided by
17 the states to sellers or certified
service providers;
18
19 (viii) State
compliance. The agreement shall
20 require each state to certify
compliance with the terms of
21 the agreement prior to joining and
to maintain compliance,
22 under the laws of the member state,
with all provisions of
23 the agreement while a member;
24
Page 8
1 (ix) Consumer
privacy. The agreement shall
2
require each state to adopt a uniform policy for certified
3
service providers that protects the privacy of consumers
4
and maintains the confidentiality of tax information;
5
6 (x) Advisory
councils. The agreement shall
7
provide for the appointment of an advisory council of
8
private sector representatives and an advisory council of
9
nonmember state representatives to consult with in the
10 administration of the agreement.
11
12 39-15-406. Cooperating sovereigns.
13
14 The agreement authorized by this article is
an accord among
15 individual cooperating sovereigns in
furtherance of their
16 governmental functions. The
agreement provides a mechanism
17 among the member states to establish
and maintain a
18 cooperative, simplified system for
the application and
19 administration of sales and use
taxes under the duly
20 adopted law of each member state.
21
22 39-15-407. Limited binding and beneficial effect.
23
Page 9
1 (a) The
agreement authorized by this act shall bind
2
and inure only to the benefit of this state and the other
3
member states. No person, other than a member state, is an
4
intended beneficiary of the agreement. Any benefit to a
5
person other than a state is established by the law of this
6
state and the other member states and not by the terms of
7
the agreement.
8
9 (b) Consistent
with subsection (a) of this section,
10 no person shall have any cause of
action or defense under
11 the agreement or by virtue of this
state's approval of the
12 agreement. No person may challenge,
in any action brought
13 under any provision of law, any
action or inaction by any
14 department, agency or other
instrumentality of this state,
15 or any political subdivision of this
state on the ground
16 that the action or inaction is
inconsistent with the
17 agreement.
18
19 (c) No law of
this state, or the application thereof,
20 shall be declared invalid as to any
person or circumstance
21 on the ground that the provision or
application is
22 inconsistent with the agreement.
23
24 39-15-408. Seller and third party liability.
Page 10
1
2 (a) A certified
service provider shall be deemed the
3
agent of a seller, with whom the certified service provider
4
has contracted, for the collection and remittance of sales
5
and use taxes. As the seller's agent, the certified service
6
provider shall be liable for any sales and use tax due each
7
member state on all sales transactions it processes for the
8
seller except as set out in this section.
9
10 (b) A seller
that contracts with a certified service
11 provider shall not be liable to the
state for sales or use
12 tax due on any transaction processed
by the certified
13 service provider unless the seller
misrepresented the type
14 of items it sells or committed
fraud. In the absence of
15 probable cause to believe that the
seller has committed
16 fraud or made a material
misrepresentation, the seller
17 shall not be subject to any audit on
the transaction
18 processed by the certified service
provider. A seller shall
19 be subject to audit for any
transaction not processed by
20 the certified service provider. The
member states acting
21 jointly may perform a system check
of the seller and review
22 the seller's procedures to determine
if the certified
23 service provider's system is
functioning properly and the
Page 11
1
extent to which the seller's transactions are being
2
processed by the certified service provider.
3
4 (c) A person
that provides a certified automated
5
system is responsible for the proper functioning of that
6
system and is liable to the state for underpayments of tax
7
attributable to errors in the functioning of the certified
8
automated system. A seller that uses a certified automated
9
system shall remain responsible and is liable to the state
10 for reporting and remitting tax.
11
12 (d) A seller
that has a proprietary system for
13 determining the amount of tax due on
a transaction and has
14 signed an agreement establishing a
performance standard for
15 that system is liable for the
failure of the system to meet
16 the performance standard.
17
18 Section
2. W.S.
39-15-101(a)(vi), (viii) and by
19 creating a new paragraph (xvii),
39-15-104 by creating a
20 new subsection (f), 39-15-105(a) by
creating a new
21 paragraph (ix), 39-15-106(a),
39-15-207, 39-16-101(a) by
22 creating a new paragraph (xii),
39-16-104 by creating a new
23 subsection (e), 39-16-105(a) by
creating a new paragraph
24 (ix), 39-16-106(a) and 39-16-207 are
amended to read:
Page 12
1
2 39-15-101. Definitions.
3
4 (a) As used in this article:
5
6 (vi) "Retail
sale" means the sale of tangible 7
personal property to a person for use
and not for 8
subsequent resale any sale, lease or rental for any purpose
9 other than for resale, sublease or
subrent;
10
11 (viii) "Sales
price":
means the consideration 12
paid by the purchaser of tangible personal property 13
excluding the actual trade-in value allowed on tangible 14
personal property and manufacturer rebates for motor 15
vehicles exchanged at the time of transaction, admissions 16
or services which are subject to taxation as provided by 17
this article and excluding any taxes imposed by the federal 18
government or this article;
19
20 (A) Shall apply to the measure subject to
21 sales
tax and means the total amount or consideration,
22 including cash, credit, property and services for which
23 personal property or services are sold, leased or rented,
Page 13
1 valued in money, whether received in money or otherwise,
2 without any deduction for the
following:
3
4 (I) The seller's cost of property
5 sold;
6
7 (II) The cost of materials used, labor
8 or service cost, interest, losses, all
costs of
9 transportation to the seller and any
other expense of the
10 seller;
11
12 (III) Charges by the seller for any
13 services
necessary to complete the sale other than delivery
14 and installation charges;
15
16 (IV) Delivery charges;
17
18 (V) Installation charges;
19
20 (VI) The value of exempt personal
21 property
given to the purchaser where taxable and exempt
22 personal property have been bundled together and sold by
23 the seller as a single product or piece of merchandise.
24
Page 14
1 (B) Shall not include:
2
3 (I) Discounts, including cash, terms
4 or coupons which are not reimbursed by
a third party, which
5 are allowed by a seller and taken by a
purchaser on a sale;
6
7 (II) Interest, financing and carrying
8 charges from credit extended on the
sale of personal
9 property or services, if the amount is
separate stated on
10 the invoice, bill of sale or similar document given to the
11 purchaser; and
12
13 (III) Any tax legally imposed directly
14 on
the consumer which is separately stated on the invoice,
15 bill of sale or similar document given to the purchaser.
16
17 (xvii) "Delivery charge" means a charge by the
18 seller
for preparation and delivery to a location
19 designated by the purchaser of personal property or
20 services including, but not limited to, transportation,
21 shipping, handling, postage, crating and packing.
22
23 39-15-104. Taxation rate.
24
Page 15
1 (f) The tax rate imposed
upon a transaction subject
2 to the Uniform Sales and Use Tax
Administration Act shall
3 be consistent with the uniform
sourcing rule provided in
4 the streamlined sales and use tax
agreement adopted
5 pursuant to that act, W.S. 39-15-401 et
seq. and shall be
6 consistent with state law.
7
8 39-15-105. Exemptions.
9
10 (a) The
following sales or leases are exempt from the
11 excise tax imposed by this article:
12
13 (ix) For the purpose of avoiding application of
14 the
sales tax more than once on the same article of
15 tangible property for the same taxpayer:
16
17 (A) The trade-in value of tangible personal
18 property
shall be excluded from the sales price of new
19 tangible personal property when trade-in and purchase occur
20 in one (1) transaction.
21
22 39-15-106. Licenses; permits.
23
Page 16
1 (a) Every
vendor shall obtain from the department a
2
sales tax license to conduct business in the state. Any
3
out-of-state vendor not otherwise subject to this article
4
may voluntarily apply for a license from the department and
5
if licensed, shall collect and remit the state sales tax
6
imposed by W.S. 39-15-103. The license shall be granted
7
only upon application stating the name and address of the
8
applicant, the character of the business in which the
9
applicant proposes to engage, the location of the proposed
10 business and other information as
the department may
11 require. Effective July 1, 1997, a
license fee of sixty
12 dollars ($60.00) shall be required
from each new vendor,
13 except for any remote vendor who has no requirement to
14 register in this state, and who is using one (1) of the
15 technology models pursuant to W.S. 39-15-401, et seq.
16 Failure of a vendor to timely file
any return may result in
17 forfeiture of the license granted
under this section. The
18 department shall charge sixty
dollars ($60.00) for
19 reinstatement of any forfeited
license.
20
21 39-15-207. Compliance; collection procedures.
22
23 (a) Returns, reports and preservation of records.
24 There are no specific applicable
provisions for compliance
Page 17
1 and collection procedures returns, reports and preservation
2 of records for this
article.
3
4 (b) Payment. There are
no specific applicable
5 provisions for payment for this
article.
6
7 (c) Timelines. Local
tax rates and boundary changes
8 for purposes of this article shall be
effective on the
9 first day of a calendar quarter after
sixty (60) days
10 notice has been given to a vendor. In the case of a vendor
11 selling from a printed catalog, the new tax rate shall take
12 effect on the first day of the calendar quarter following
13 one hundred twenty (120) days notice provided to the
14 vendor.
15
16 39-16-101. Definitions.
17
18 (a) As used in this article:
19
20 (xii) "Purchase price" means "sales price" as
21 defined
under W.S. 39-15-101.
22
23 39-16-104. Taxation rate.
24
Page 18
1 (e) The tax rate
imposed upon a transaction subject
2 to the Uniform Sales and Use Tax
Administration Act shall
3 be consistent with the uniform
sourcing rule provided in
4 the streamlined sales and use tax
agreement adopted
5 pursuant to that act, W.S. 39-15-401
et seq. and shall be
6 consistent with state law.
7
8 39-16-105. Exemptions.
9
10 (a) The
following purchases or leases are exempt from
11 the excise tax imposed by this
article:
12
13 (ix) For the purpose of avoiding application of
14 the
use tax more than once on the same article of tangible
15 property for the same taxpayer:
16
17 (A) The trade-in value of tangible personal
18 property
shall be excluded from the sales price of new
19 tangible personal property when trade-in and purchase occur
20 in one (1) transaction.
21
22 39-16-106. Licenses; permits.
23
Page 19
1 (a) Every
vendor shall register with the department
2
of revenue, giving the name and address of all agents
3
operating in the state and the location of all places of
4
business together with other information as required by the
5
department. Effective July 1, 1997, a license fee of sixty
6
dollars ($60.00) shall be required from each new vendor,
7 except for any remote vendor who has
no requirement to
8 register in this state, and who is
using one (1) of the
9 technology models pursuant to W.S.
39-15-401, et seq.
10 Failure of a vendor to timely file
any return may result in
11 forfeiture of the license granted
under this section. The
12 department shall charge sixty
dollars ($60.00) for
13 reinstatement of any forfeited
license. Any out-of-state
14 vendor not otherwise subject to this
article may
15 voluntarily register with the
department and if registered,
16 shall collect and remit the state
use tax imposed by W.S.
17 39-16-104.
18
19 39-16-207. Compliance; collection procedures.
20
21 (a) Returns, reports and preservation of records.
22 There are no specific applicable
provisions for compliance 23
and collection procedures returns, reports and preservation
24 of records for this article.
Page 20
1
2 (b) Payment. There are
no specific applicable
3 provisions for payment for this
article.
4
5 (c) Timelines. Local
tax rates and boundary changes
6 for purposes of this article shall be
effective on the
7 first day of a calendar quarter after
sixty (60) days
8 notice has been given to a vendor. In
the case of a vendor
9 selling from a printed catalog, the
new tax rate shall take
10 effect on the first day of the calendar quarter following
11 one hundred twenty (120) days notice provided to the
12 vendor.
13
14 Section 3. W.S. 39-15-109(d)(ii) is repealed.
15
16 Section 4.
The Wyoming legislature finds that this
17 state should enter into an agreement
with one (1) or more
18 other states to simplify and
modernize sales and use tax
19 administration in order to
substantially reduce the burden
20 of tax compliance for all sellers
and for all types of
21 commerce.
22
Page 21
2
3 (a) Sections 1 and 4 of this act are
effective
4
immediately upon completion of all acts necessary for a
5
bill to become law as provided by Article 4, Section 8 of
6
the Wyoming Constitution.
7
8 (b) The balance of this act is
effective July 1,
9
2002.
10
11 (END)
Page 22