Wis. Admin. Code § Tax 11.19 — Printed material exemptions

Tax 11.19(1) (1) General. All retail sales of tangible personal property and items, property, and goods under s. 77.52 (1) (b) , (c) , and (d) , Stats., including printed material, are subject to the tax, except when a specific exemption applies to the transaction. This section describes exemptions which commonly apply to sales of printed material.

Tax 11.19(2) (2) Statutes.

Tax 11.19(2)(a) (a) Section 77.52 (2) (a) 11. , Stats., imposes the sales and use tax on certain services. However, an exemption is provided for the printing or imprinting of tangible personal property and items, property, and goods under s. 77.52 (1) (b) , (c) , and (d) , Stats., furnished by customers, that results in any of the following:

Tax 11.19(2)(a)1. 1. Printed materials that are exempt under s. 77.54 (25) , Stats.

Tax 11.19(2)(a)2. 2. Catalogs or their mailing envelopes that are exempt under s. 77.54 (25m) , Stats.

Tax 11.19(2)(a)3. 3. Advertising and promotional direct mailing that is exempt under s. 77.54 (59) , Stats.

Tax 11.19(2)(b) (b) Section 77.54 (15) , Stats., provides an exemption for the sale of newspapers, of periodicals sold by subscription and regularly issued at average intervals not exceeding 3 months, or issued at average intervals not exceeding 6 months by an educational association or corporation sales to which are exempt under s. 77.54 (9a) (f) , Stats., of controlled circulation publications sold to commercial publishers for distribution without charge or mainly without charge or regularly distributed by or on behalf of publishers without charge or mainly without charge to the recipient and of shoppers guides which distribute no less than 48 issues in a 12-month period.

Tax 11.19(2)(c) (c) Section 77.54 (25) , Stats., provides an exemption for printed material which is designed to advertise and promote the sale of merchandise, or to advertise the services of individual business firms, which printed material is purchased and stored for the purpose of subsequently transporting it outside Wisconsin by the purchaser for use thereafter solely outside Wisconsin. This exemption does not include catalogs or the envelopes in which the catalogs are mailed.

Tax 11.19(2)(cm) (cm) Section 77.54 (25m) , Stats., provides an exemption for catalogs, as defined in s. 77.51 (1fr) , Stats., and the envelopes in which the catalogs are mailed, that are designed to advertise and promote the sale of merchandise or to advertise the services of individual business firms.

Tax 11.19(2)(d) (d) Section 77.54 (2m) , Stats., provides an exemption for the sales price from the sales of and the storage, use, or other consumption of tangible personal property or services that are used exclusively and directly by a manufacturer in manufacturing shoppers guides, newspapers, or periodicals and that become an ingredient or component of shoppers guides, newspapers, or periodicals or that are consumed or lose their identity in the manufacture of shoppers guides, newspapers, or periodicals, whether or not the shoppers guides, newspapers, or periodicals are transferred with charge to the recipient. This exemption applies to newspapers, shoppers guides, and periodicals which are issued at average intervals not exceeding 3 months or issued at average intervals not exceeding 6 months by an educational association or corporation sales to which are exempt under s. 77.54 (9a) (f) , Stats. It does not apply to advertising supplements that are not newspapers as defined in s. 77.51 (8) , Stats.

Tax 11.19(2)(dm) (dm) Section 77.54 (59) , Stats., provides an exemption for advertising and promotional direct mail.

Tax 11.19(2)(e) (e) Section 77.51 (13h) , Stats., provides that a foreign corporation that is a publisher of printed materials is not engaged in business in Wisconsin and is not required to register and collect Wisconsin sales or use tax if its only activities in Wisconsin are:

Tax 11.19(2)(e)1. 1. The storage of its raw materials in Wisconsin in or on property not owned by the foreign corporation and delivery of its raw materials to another person in Wisconsin if the storage and delivery are for printing by that other person. “Raw material” means tangible personal property which becomes an ingredient or component part of the printed materials or which is consumed or destroyed or loses its identity in the printing of the printed materials.

Tax 11.19(2)(e)2. 2. The purchase from a printer of printing services or of printed materials in Wisconsin for the publisher.

Tax 11.19(2)(e)3. 3. The storage of the printed material or raw material for any length of time in Wisconsin in or on property owned by a person other than the publisher.

Tax 11.19(2)(e)4. 4. Maintaining, occupying, and using, directly or by means of another person, a place that is in Wisconsin, that is not owned by the publisher and that is used for the distribution of printed material.

Tax 11.19(2)(f) (f) Section 77.54 (43) , Stats., provides a sales and use tax exemption for raw materials used for the processing, fabricating, or manufacturing of, attaching to or incorporating into, printed materials that are transported and used solely outside Wisconsin.

Tax 11.19(3) (3) Newspapers, shoppers guides, controlled circulation publications and periodicals defined.

Tax 11.19(3)(a) (a) Section 77.51 (8) , Stats., defines a “newspaper” under ch. 77 , Stats., as: “... those publications which are commonly understood to be newspapers and which are printed and distributed periodically at daily, weekly or other short intervals for the dissemination of current news and information of a general character and of a general interest to the public. In addition, any publication which qualifies as a newspaper under s. 985.03 (1) is a newspaper. ‘Newspaper’ also includes advertising supplements if they are printed by a newspaper and distributed as a component part of one of that newspaper’s publications or if they are printed by a newspaper or a commercial printer and sold to a newspaper for inclusion in publications of that newspaper. A ‘newspaper’ does not include handbills, circulars, flyers, or the like, advertising supplements not described in this subsection which are distributed with a newspaper, nor any publication which is issued to supply information on certain subjects of interest to particular groups, unless such publication otherwise qualifies as a newspaper within this subsection. In this subsection, advertising is not considered news of a general character and of a general interest.”

Tax 11.19(3)(b) (b) Section 77.54 (15) , Stats., defines a shoppers guide as: “ a community publication delivered, or attempted to be delivered, to most of the households in its coverage area without a required subscription fee, which advertises a broad range of products and services offered by several types of businesses and individuals ” and it defines a controlled circulation publication as “a publication that has at least 24 pages, is issued at regular intervals not exceeding 3 months, that devotes not more than 75% of its pages to advertising and that is not conducted as an auxiliary to, and essentially for the advancement of, the main business or calling of the person that owns and controls it.”

Tax 11.19(3)(c) (c) The exemption for periodicals is limited to publications which are sold by subscription and which are regularly issued at average intervals not exceeding 3 months, or issued at average intervals not exceeding 6 months by an educational association or corporation sales to which are exempt under s. 77.54 (9a) (f) , Stats., each issue of which contains news or information written by different authors which is of general interest to the public, or to some particular organization or group of persons. Each issue must bear a relationship to prior or subsequent issues in respect to continuity of literary character or similarity of subject matter, and there must be some connection between the different issues of the series in the nature of the articles appearing in them. To qualify for the exemption, the publication must qualify for the periodicals rate under U.S. postal laws and regulations or as a controlled circulation publication.

Tax 11.19(3)(d) (d) The newspaper and periodical exemption does not apply to books complete in themselves, even those issued at stated intervals; paperback books, a new one of which may be issued once a month or some other interval; or so-called “one-shot” magazines that have no literary or subject matter connection or continuity between prior or subsequent issues. The exemption also does not apply to catalogs, programs, scorecards, handbills, maps, real estate brokers’ listings, price or order books, corporate reports to stockholders, house organs, or to advertising materials which become a component part of a periodical.

Tax 11.19(4) (4) Printed advertising materials for out-of-state use.

Tax 11.19(4)(a) (a) Printed advertising materials may be purchased from Wisconsin or out-of-state suppliers without tax pursuant to s. 77.54 (25) , Stats., when those materials are purchased and stored for the purpose of subsequently transporting the same outside Wisconsin by the purchaser for use thereafter solely outside Wisconsin. This exemption does not apply to catalogs designed to be used by a seller’s potential customers. See sub. (5m) for information relating to an exemption for catalogs and the envelopes in which the catalogs are mailed.

Tax 11.19(4)(b) (b) The exemption does not apply to printed advertising materials shipped to Wisconsin addresses, except for catalogs and the envelopes in which they are mailed, as provided in s. 77.54 (25m) , Stats., parts stock order books, order forms, stocking and purchasing guides, stockholders’ annual reports or proxy statements, display racks, 3-dimensional plastic items designed to be used by wholesalers and retailers, matchbooks, desk pads, golf balls, binders, and playing cards. It also does not apply to the following items if they are not designed to advertise or promote the sale of merchandise:

Tax 11.19(4)(b)1. 1. Calendars.

Tax 11.19(4)(b)2. 2. Calendar pads.

Tax 11.19(4)(b)3. 3. Envelopes.

Tax 11.19(4)(b)4. 4. Folders.

Tax 11.19(4)(b)5. 5. Parts price lists.

Tax 11.19(5) (5) Raw materials incorporated into printed materials. Pursuant to s. 77.54 (43) , Stats., Wisconsin sales and use tax is not imposed on raw materials if both of the following conditions are met:

Tax 11.19(5)(a) (a) The raw materials are processed, fabricated, or manufactured into, attached to, or incorporated into printed materials.

Tax 11.19(5)(b) (b) The resulting printed materials will be transported and used solely outside Wisconsin.

Tax 11.19(5m) (5m) Catalogs and their mailing envelopes.

Tax 11.19(5m)(a) (a) Section 77.54 (25m) , Stats., provides an exemption from Wisconsin sales and use tax for the sales price from the sale of and the storage, use, or other consumption of catalogs, and the envelopes in which the catalogs are mailed, that are designed to advertise and promote the sale of merchandise or to advertise the services of individual business firms.

Tax 11.19(5m)(b) (b) “Catalog” is defined in s. 77.51 (1fr) , Stats., to mean a printed and bound, stitched, sewed, or stapled book containing a list and description of property or services for sale, regardless of whether a price is specified.

Tax 11.19(5s) (5s) Advertising and promotional direct mail.

Tax 11.19(5s)(a) (a) Section 77.54 (59) , Stats., provides an exemption from Wisconsin sales and use tax for the sales price from the sales of and the storage, use, or other consumption of advertising and promotional direct mail.

Tax 11.19(5s)(b) (b) “Advertising and promotional direct mail” is defined in s. 77.51 (1ag) , Stats., to mean direct mail that has the primary purpose of attracting public attention to a product, person, business, or organization or to attempt to sell, popularize, or secure financial support for a product, person, business, or organization.

Tax 11.19(6) (6) Exempt purchasers. Sales of printed material to federal and Wisconsin governmental units, federally recognized American Indian tribes or bands in Wisconsin, Wisconsin public schools, certain nonprofit religious, charitable, educational, or scientific organizations, and certain title holding entities described under section 501 (c) (2) of the Internal Revenue Code holding a certificate of exempt status are exempt under s. 77.54 (9a) or 77.55 (1) , Stats. Sales to federal and Wisconsin governmental units and public schools need not be supported by exemption certificates, if a copy of the purchase order from the organization is retained or the governmental unit’s certificate of exempt status number is recorded on the bill of sale. Sales to nonprofit organizations holding a certificate of exempt status can be documented as exempt by recording the certificate of exempt status number on the bill of sale.