Read the full stored bill text
23LSO-0394
2023
STATE OF WYOMING
23LSO-0394
Numbered
2.0
SENATE FILE NO. SF0070
Back to school tax holiday.
Sponsored by: Senator(s) Schuler, Boner and Dockstader and Representative(s) Olsen
A BILL
for
AN ACT relating to sales and use taxes; providing for a back to school sales and use tax holiday; specifying items that are and are not subject to the tax holiday exemption; providing rulemaking authority; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 39
‑
15
‑
105(a)(viii) by creating a new subparagraph (W) and 39
‑
16
‑
105(a)(viii) by creating a new subparagraph (M) are amended to read:
39
‑
15
‑
105.
Exemptions.
(a)
The following sales or leases are exempt from the excise tax imposed by this article:
(viii)
For the purpose of exempting sales of services and tangible personal property as an economic incentive, the following are exempt:
(W)
The sales of clothing, computers and computer hardware, computer software, school supplies and sports equipment as provided by rule of the department during a back to school tax holiday. "School supplies" under this subparagraph shall include without limitation pens, pencils, paper, binders, notebooks, books, backpacks, lunchboxes and calculators. "Sports equipment" under this subparagraph shall include goods and apparel intended for use by people participating in school sports or activities. A back to school tax holiday shall occur each year during the first weekend in August beginning at 12:01 a.m. on the first Friday in August and ending at 11:59 p.m. on the immediately following Sunday. The exemption under this subparagraph shall apply to a layaway purchase that otherwise meets the requirements for the exemption if the layaway purchase is initiated or completed during the tax holiday period. The exemption under this subparagraph shall not apply to:
(I)
Any clothing item with a sales price of one hundred dollars ($100.00) or more per item;
(II)
Any computer or computer hardware item with a sales price of one thousand five hundred dollars ($1,500.00) or more per item;
(III)
Any computer software with a sales price of one hundred dollars ($100.00) or more per program or item;
(IV)
Any school supply or sports equipment item with a sales price of fifty dollars ($50.00) or more per item;
(V)
Clothing accessories including jewelry, cosmetics, eyewear, wallets, watches and handbags;
(VI)
Sales of an item purchased for resale;
(VII)
Rentals.
39
‑
16
‑
105.
Exemptions.
(a)
The following purchases or leases are exempt from the excise tax imposed by this article:
(viii)
For the purpose of exempting sales of services and tangible personal property as an economic incentive, the following are exempt:
(M)
The purchase of clothing, computers and computer hardware, computer software, school supplies and sports equipment as provided by rule of the department during a back to school tax holiday. "School supplies" under this subparagraph shall include without limitation pens, pencils, paper, binders, notebooks, books, backpacks, lunchboxes and calculators. "Sports equipment" under this subparagraph shall include goods and apparel intended for use by people participating in school sports or activities. A back to school tax holiday shall occur each year during the first weekend in August beginning at 12:01 a.m. on the first Friday in August and ending at 11:59 p.m. on the immediately following Sunday. The exemption under this subparagraph shall apply to a layaway purchase that otherwise meets the requirements for the exemption if the layaway purchase is initiated or completed during the tax holiday period. The exemption under this subparagraph shall not apply to:
(I)
Any clothing item with a sales price of one hundred dollars ($100.00) or more per item;
(II)
Any computer or computer hardware item with a sales price of one thousand five hundred dollars ($1,500.00) or more per item;
(III)
Any computer software with a sales price of one hundred dollars ($100.00) or more per program or item;
(IV)
Any school supply or sports equipment item with a sales price of fifty dollars ($50.00) or more per item;
(V)
Clothing accessories including jewelry, cosmetics, eyewear, wallets, watches and handbags;
(VI)
Sales of an item purchased for resale;
(VII)
Rentals.
Section 2
.
This act is effective July 1, 2023
.
(END)
1
SF0070