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SF0043 • 2020

Sales and use tax-definitions update.

AN ACT relating to taxation and revenue; creating and amending sales and use tax definitions as specified; and providing for an effective date.

Taxes
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Revenue
Last action
2020-03-17
Official status
enrolled
Effective date
7/1/2020

Plain English Breakdown

The exact criteria for which cars qualify as exempt motor vehicles are not detailed in the provided official source material.

Sales and Use Tax Definitions Update

This law changes how sales and use taxes are defined, including adding definitions for 'sale' to include transfers of title or possession and 'exempt motor vehicle'.

What This Bill Does

  • Changes the definition of 'sale' to include transfers of title or possession in Wyoming.
  • Adds a new definition for 'exempt motor vehicle', which means any motor vehicle that is exempt from taxation under specific sections of Wyoming law.
  • Requires county treasurers to provide documentation about tax exemptions and collected amounts when an exempt car's title is transferred.

Who It Names or Affects

  • People who buy or sell things in Wyoming, especially cars that don't need to pay taxes.
  • County treasurers who handle tax documents.

Terms To Know

Sale
A transfer of title or possession for a consideration including the fabrication of tangible personal property when materials are furnished by the purchaser, but excluding exchanges or transfers upon which sales or use taxes have been paid.
Exempt motor vehicle
Any motor vehicle that is exempt from taxation under specific sections of Wyoming law. Upon transfer of title, county treasurers must provide documentation about tax exemptions and collected amounts.

Limits and Unknowns

  • The bill does not specify which cars exactly qualify as exempt motor vehicles.
  • It only changes how sales and use taxes are defined, not the rates of these taxes.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0043H2001

2nd reading • Representative Lindholm

Corrected, Adopted

Plain English: The amendment adds new definitions for 'exempt motor vehicle' in relation to sales and use taxes, detailing what happens when such vehicles are transferred.

  • Adds a new paragraph (lxvii) under W.S. 39-15-101(a)(vii) defining an exempt motor vehicle as one that is tax-exempt under W.S. 39-15-105, and specifies the documentation required upon transfer of title.
  • Adds a new paragraph (xx) under W.S. 39-16-101(a)(iii) defining an exempt motor vehicle as one that is tax-exempt under W.S. 39-15-106, and outlines the documentation needed when transferring such vehicles.
  • The amendment text does not specify what happens if a motor vehicle falls under both sales and use tax exemptions simultaneously.
SF0043H2002

2nd reading • Representative Zwonitzer

Failed

Plain English: The amendment adds a new definition for 'Vendor' under the sales and use tax definitions, specifying conditions that classify someone as a vendor.

  • Adds a new clause (xv) to define 'Vendor', including vehicle dealers, remote sellers, and marketplace facilitators under certain conditions.
  • Specifies that a person is considered a vendor if their gross revenue from sales in the state exceeds $100,000 or they made 200 or more separate transactions in a year.
  • The amendment text does not provide details on how these new definitions will be implemented or enforced.
  • It is unclear what specific changes this definition might bring to the existing tax laws beyond defining 'Vendor'.
SF0043H3001

3rd reading • Representative Newsome

Adopted

Plain English: The amendment adds a new definition for 'Vendor' under Wyoming state tax law and specifies conditions under which certain entities are considered vendors.

  • Adds the term 'Vendor' to the list of definitions in Section 39-15-101(a) of Wyoming's statutes.
  • Defines 'Vendor' as a person engaged in selling tangible personal property, admissions, or services subject to taxation, including vehicle dealers and remote sellers under certain conditions.
  • Specifies that for an entity to be considered a vendor, its gross revenue from sales must exceed $5,000 in the previous year.
  • The amendment does not specify all details about how anticipated sales are determined for entities below the $5,000 threshold.
  • It references department rules that will further define certain aspects of vendor status but does not provide those rules within the amendment text.
SF0043HS001

Standing Committee • House Revenue Committee

Failed

Plain English: The amendment changes the definition of 'vendor' to remove the requirement that a person must be in the business of selling and adds new specific definitions for 'vendor'.

  • Removes the requirement for a person to be in the business of selling to qualify as a vendor.
  • Adds a new definition for 'vendor' at W.S. 39-15-101(a)(xv) that includes vehicle dealers, remote sellers, and marketplace facilitators.
  • Inserts another definition for 'vendor' at W.S. 39-16-101(a)(x) which covers persons who maintain an office or place of business in the state or have agents operating within the state.
  • The full impact and specific changes to tax regulations are not fully explained by this amendment text alone.
SF0043JC001

Conference Committee

S Adopted, H Adopted

Plain English: The amendment removes certain changes made by the House and reinstates other specific changes related to sales and use tax definitions.

  • Removes amendments from the House that were previously added.
  • Reinstates earlier amendments from the House.
  • The exact nature of the removed and reinstated amendments is not detailed in the provided text, making it hard to specify what changes they entail.

Bill History

  1. 2020-03-17 LSO

    Assigned Chapter Number 118

  2. 2020-03-17 Governor

    Governor Signed SEA No. 0063

  3. 2020-03-12 House

    H Speaker Signed SEA No. 0063

  4. 2020-03-12 Senate

    S President Signed SEA No. 0063

  5. 2020-03-12 LSO

    Assigned Number SEA No. 0063

  6. 2020-03-10 House

    H Appointed JCC01 Members

  7. 2020-03-09 Senate

    S Appointed JCC01 Members

  8. 2020-03-09 Senate

    S Concur:Failed 9-21-0-0-0

  9. 2020-03-09 Senate

    S Received for Concurrence

  10. 2020-03-05 House

    H 3rd Reading:Passed 39-20-1-0-0

  11. 2020-03-04 House

    H 2nd Reading:Passed

  12. 2020-03-03 House

    H COW:Passed

  13. 2020-03-02 House

    H Placed on General File

  14. 2020-03-02 House

    H03 - Revenue:Recommend Amend and Do Pass 6-2-1-0-0

  15. 2020-02-28 House

    H Introduced and Referred to H03 - Revenue

  16. 2020-02-19 House

    H Received for Introduction

  17. 2020-02-19 Senate

    S 3rd Reading:Passed 30-0-0-0-0

  18. 2020-02-18 Senate

    S 2nd Reading:Passed

  19. 2020-02-17 Senate

    S COW:Passed

  20. 2020-02-13 Senate

    S Placed on General File

  21. 2020-02-13 Senate

    S03 - Revenue:Recommend Do Pass 5-0-0-0-0

  22. 2020-02-11 Senate

    S Introduced and Referred to S03 - Revenue 29-0-1-0-0

  23. 2020-02-10 Senate

    S Received for Introduction

  24. 2020-01-17 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 20LSO-0266
Bill No.:

SF0043

Effective:

7/1/2020 12:00:00 AM

LSO No.:

20LSO-0266

Enrolled Act No.:

SEA No. 0063

Chapter No.:

118

Prime Sponsor:

Joint Revenue Interim Committee

Catch Title:

Sales and use tax-definitions update.

Subject:

Sales and use tax-definitions update.

Summary/Major Elements:

The bill revises the definition of "sale" for purposes of sales and use taxes to include a transfer of title.

The bill also provides a definition for "exempt motor vehicle" for the purposes of sales and use taxes and specifies actions to be taken by county treasurers upon a transfer of title for these vehicles.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
20LSO-0266

ORIGINAL Senate

ENGROSSED
File No
.
SF0043

ENROLLED ACT NO. 63,

SENATE

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to taxation and revenue; creating and amending sales and use tax definitions as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 39
‑
15
‑
101(a)(vii)(intro) and by creating a new paragraph (lxvii) and 39
‑
16
‑
101(a)(iii)(intro) and by creating a new paragraph (xx) are amended to read:

39
‑
15
‑
101.

Definitions.

(a)

As used in this article:

(vii)

"Sale" means any transfer of
title or
possession in this state for a consideration including the fabrication of tangible personal property when the materials are furnished by the purchaser but excluding an exchange or transfer of tangible personal property upon which the seller or lessor has directly or indirectly paid sales or use tax incidental to:

(lxvii)

"Exempt motor vehicle" means any motor vehicle that is exempt from taxation under W.S. 39
‑
15
‑
105. Upon transfer of title of an exempt motor vehicle, a county treasurer shall provide an applicant documentation noting any valid sales tax exemption and a receipt specifying the amount of sales tax collected.

39
‑
16
‑
101.

Definitions.

(a)

As used in this article:

(iii)

"Sale" means the transfer of
title or
possession of tangible personal property from a vendor for a consideration for storage, use or other consumption in Wyoming excluding the exchange or transfer of tangible personal property upon which the seller has directly or indirectly paid sales or use tax incidental to:

(xx)

"Exempt motor vehicle" means any motor vehicle that is exempt from taxation under W.S. 39
‑
15
‑
106. Upon transfer of title of an exempt motor vehicle, a county treasurer shall provide an applicant documentation noting any valid use tax exemption and a receipt specifying the amount of use tax collected.

Section 2
.

This act is effective July 1, 2020
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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