Statutes, codes, and regulations
Wyoming Administrative Code
Agency 011 - Revenue DeptSubagency 0004 - Excise Tax
Chapter 2 - SALES AND USE TAX
Section 2-3 - Administrative Functions

011-2 Wyo. Code R. § 2-3

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Current through April 27, 2019
Section 2-3 - Administrative Functions

(a) Sales/Use Tax Rate. The time and place of sale shall determine the applicable tax rate except for motor vehicles.

  • (i) Leased/Rented Tangible Personal Property. Any purchase option exercised at the end of the lease agreement is a separate transaction and will be taxed as a separate sale where the transaction occurs.
  • (ii) For services involving periodic billings, tax rate increases shall apply to the first billing period starting on or after the effective date of the rate change. For tax rate decreases, the new rate shall apply to bills rendered on or after the effective date.

(b) Payments made for sales/use tax liabilities shall be applied in the following order: fees, interest, tax, penalty. Payments shall be applied to the oldest debt first .

(c) In all cases, the burden of proof as to the point of delivery is upon the vendor. All delivery slips, freight bills, etc., shall be preserved for three (3) years along with all invoices and other business records.

(d) Corrections to Assessments. Sales/use tax assessments issued by the Department which are later found to be in error may be amended. The amendments do not change the date of the original assessment.

(e) The State of Wyoming shall provide and maintain a database of sales and use tax rates for all taxing jurisdictions residing within the boundaries of the state and a taxability matrix which provides sellers with a listing of general product and service categories and the taxability of each item. For the identification of state and local jurisdictions, the state shall use Federal Information Processing Standards (FIPS) codes.

(f) The state shall relieve sellers, Certified Service Providers (CSPs) and sellers using a Certified Automated System (CAS) from liability to the state and local jurisdictions for having charged and collected the incorrect amount of sales or use tax resulting from the seller, CSP or seller using a CAS relying on erroneous data provided by the state on tax rates, boundaries, or taxing jurisdiction assignments or erroneous information from the state's taxability matrix.

(g) Calculating the Tax. Rounding tax calculation shall be carried to the third decimal place, and shall be rounded to a whole cent using a method that rounds up to the next whole cent whenever the third decimal place is greater than four (4).

(h) Use Tax.

  • (i) The use tax shall be determined by when tangible personal property is first stored, or first used or first consumed in Wyoming.
  • (ii) Credit for Sales or Use Tax Payments Made to Another State. The Department shall allow credit for sales or use tax legally imposed and paid to another state on a purchase equal to but not exceeding the Wyoming use tax liability on that purchase. Claims for the off-setting credit shall be substantiated with copies of invoices showing sales or use tax paid. Offsetting credits can only be used within statutory time frames.

011-2 Wyo. Code R. § 2-3