Wisconsin Statutes & Annotations
Chapter 78 - Motor vehicle and general aviation fuel taxes.
78.39 - Definitions.

78.39 Definitions. In this subchapter:
(1) “Alternate fuels" means all combustible gases and liquids suitable for generation of power for propulsion of motor vehicles, except that “alternate fuels" does not include motor vehicle fuel, as defined in s. 78.005 (13), or general aviation fuel, as defined in s. 78.55 (3).
(2) “Alternate fuels dealer" means any person, including the state and any political subdivision of the state, but not including the United States or its agencies except to the extent now or hereafter permitted by the constitution and laws of the United States, in the business of handling alternate fuels who delivers any part of the alternate fuels into the fuel supply tank or tanks of a motor vehicle not then owned or controlled by that person or to a retailer or user if the supplier reports and pays the tax under s. 78.40 (1).
(3) “Alternate fuels user" means the owner or other person, including the state and any political subdivision of the state, but not including the United States or its agencies except to the extent now or hereafter permitted by the constitution and laws of the United States, responsible for the operation of a motor vehicle at the time an alternate fuel is placed in the fuel supply tank or tanks of the motor vehicle while the vehicle is within this state.
(4) “Department" means the department of revenue.
(4m) “File" means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.
(5) “Motor vehicle" has the meaning given in s. 78.005 (12).
(5d) “Pay" has the meaning given in s. 78.005 (13b).
(5f) “Person" includes any individual, sole proprietorship, partnership, limited liability company, corporation, or association. A single-owner entity that is disregarded as a separate entity under ch. 71 is disregarded as a separate entity for purposes of this subchapter.
(5m) “Sign" has the meaning given in s. 78.005 (13r).
(6) “Supplier" has the meaning given in s. 78.005 (14).
(7) “Use" means the receipt, delivery, or placing of alternate fuels into the fuel supply tank of a motor vehicle in this state, by an alternate fuels user and the delivery to a retailer or user if the supplier reports and pays the tax under s. 78.40 (1).
History: 1993 a. 16 ss. 1907, 1918, 1920; 1997 a. 27; 1999 a. 83; 2005 a. 49; 2015 a. 216.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 78 - Motor vehicle and general aviation fuel taxes.

78.005 - Definitions.

78.01 - Tax imposed; collected; exceptions.

78.015 - Annual adjustment of tax rate.

78.017 - Adjustment in 1997.

78.07 - Motor vehicle fuel received.

78.09 - Supplier and exporter licenses.

78.10 - Licensing process.

78.11 - Bond.

78.12 - Reports to department; computation of tax.

78.13 - Notice by licensee of discontinuance, sale or transfer of business; final report.

78.15 - Theft of tax moneys.

78.155 - Penalties for misuse of dyed diesel fuel.

78.19 - Refund for fuel destroyed.

78.21 - Seizure and sale.

78.215 - Separate fuel supply tanks required.

78.22 - Motor vehicle fuel floor tax.

78.39 - Definitions.

78.40 - Tax imposed; collected; exceptions.

78.405 - Annual adjustment of the tax rate.

78.407 - Adjustment in 1997.

78.47 - Alternate fuels license.

78.48 - Application; form; investigation; bond; issue.

78.49 - Reports to department; computation of tax.

78.50 - Notice by alternate fuels licensee of cessation, sale or transfer of business; final report.

78.51 - Theft of alternate fuels tax moneys.

78.52 - Separate fuel supply tanks required.

78.53 - Presumption.

78.55 - Definitions.

78.555 - Tax imposed; rate; collected.

78.56 - General aviation fuel license.

78.57 - Application; form; investigation; bond; issue.

78.58 - Reports to department; computation of tax.

78.59 - Notice by general aviation fuel licensee of cessation, sale or transfer of business; final report.

78.60 - Theft of general aviation fuel tax moneys.

78.61 - Presumption.

78.62 - Exemptions.

78.64 - Definitions.

78.65 - Suspension and revocation of licenses.

78.66 - Records to be kept by licensees.

78.67 - Timely filing.

78.68 - Returns; failure to pay; refunds.

78.69 - Appeals.

78.70 - Actions to collect tax and penalties.

78.71 - Motor vehicle fuel, general aviation fuel and alternate fuels taxes are preferred claims.

78.72 - Preference given actions to enforce this chapter.

78.73 - Criminal penalties.

78.74 - Remedies and penalties are cumulative.

78.75 - Refund; procedure; claim unassignable.

78.77 - Registration of transporters; records to be kept.

78.78 - Reports by transporters; exceptions.

78.79 - Duty of department to enforce fuel tax provisions; promulgate rules.

78.80 - Departmental examinations; information; penalty.

78.81 - Attorney general and district attorney to prosecute; place of trial.

78.82 - Municipalities not to tax motor vehicle fuel or alternate fuels.