Section Tax 11.78 - Stamps, coins, and bullion(1) TAXABLE SALES. Retail sales of the following tangible personal property and items, property, and goods under s. 77.52(1) (b), (c), and (d), Stats., are subject to the sales and use tax: (a) Cancelled United States and foreign postage stamps.(b) Uncancelled United States postage stamps when sold or traded as collectors' items above their face value.(c) Uncancelled foreign postage stamps.(d) Postage charges which are billed by the seller of the tangible personal property or items, property, or goods under s. 77.52(1) (b), (c), or (d), Stats., to the purchaser in connection with the sale and delivery of tangible personal property or items, property, or goods under s. 77.52(1) (b), (c), or (d), Stats., if the sale of the property, item, or good is subject to the tax.(e) Foreign coins and paper currency when sold or traded as collectors' items.(f) United States coins and paper currency when sold or traded as collectors' items above their face value.(g) Silver bullion and gold bullion if the sale is sourced to a location in Wisconsin under s. 77.522, Stats., whether the sales contract is entered into in or outside of Wisconsin. Sales of silver and gold bullion sourced to a location outside Wisconsin are subject to the use tax when the bullion is brought into Wisconsin.(h) Commemorative medals.(2) NONTAXABLE SALES. Retail sales of the following tangible personal property and items, property, and goods under s. 77.52(1) (b), (c), and (d), Stats., are not subject to the sales and use tax: (a) United States coins and paper currency sold at face value.(b) The portion of the selling price attributable to postage in the sale of prestamped envelopes if the nontaxable postage is separately itemized to the customer.(c) Sales of bullion to persons in Wisconsin if the sale is sourced to a location outside Wisconsin under s. 77.522, Stats.(d) Foreign coins and paper currency in current circulation, when sold at face value and when acquired as a medium of exchange.(e) Uncancelled United States postage stamps intended for use as postage even if sold for an amount above face value.Wis. Admin. Code Department of Revenue Tax 11.78
Cr. Register, January, 1977, No. 253, eff. 2-1-77; am. (2) (a), cr. (2) (e), Register, March, 1991, No. 423, eff. 4-1-91; EmR0924: emerg. am. (1) (intro.), (d), (g), (2) (intro.) and (c), eff. 10-1-09; CR 09-090: am. (1) (intro.), (d), (g), (2) (intro.) and (c) Register May 2010 No. 653, eff. 6-1-10; CR 10-094: am. (title), (1) (g) Register November 2010 No. 659, eff. 12-1-10. Section Tax 11.78 interpretss. 77.51(15b) and (20) and 77.522, Stats.
The interpretations in s. Tax 11.78 are effective under the general sales and use tax law on and after September 1, 1969, except that the separate impositions of tax on coins and stamps sold above face value under s. 77.52(1) (b), Stats., certain leased property affixed to real property under s. 77.52(1) (c), Stats., and digital goods under s. 77.52(1) (d), Stats., became effective October 1, 2009, pursuant to 2009 Wis. Act 2.