HB0040

Revises Wyoming sales and use tax provisions to align use tax rules with sales tax rules, clarifies definitions and exemptions, and modifies refund procedures.

• Clarifies the definition of 'vendor' to include persons engaged in selling tangible personal property at retail or wholesale who maintain a place of business in Wyoming or engage in regular systematic solicitation through multiple advertisements in a twelve-month period. (W.S. 39-16-101(a)(x))
• Clarifies the use tax exemption for machinery used directly and predominantly in manufacturing tangible personal property, extending the exemption until December 31, 2027. (W.S. 39-16-105(a)(viii)(D)(intro))
• Maintains licensing requirements for vendors, including a sixty dollar license fee for new vendors and reinstatement fees, while clarifying exemptions for remote vendors using streamlined sales and use tax agreement technology models. (W.S. 39-16-106(a))
• Establishes that county treasurers collect use tax on motor vehicles, trailers, and semitrailers prior to first registration, with authority to collect electronically and charge processing fees up to three percent of the tax due. (W.S. 39-16-107(b)(ii))
• Revises the vendor discount for timely tax payment by establishing a tiered credit structure: 1.95% on the first six thousand two hundred fifty dollars of tax due, and 1% on amounts exceeding that threshold, with a monthly cap of five hundred dollars when combined with sales tax credits. (W.S. 39-16-107(b)(viii))
• Modifies refund procedures by requiring vendors who erroneously collect taxes to first refund the overpaid amount to the original taxpayer before seeking a refund or credit from the department, and establishes a ninety-day approval or denial period for refund requests. (W.S. 39-16-109(c)(i))
• Repeals subsections (I) and (II) of the machinery exemption provision and subsection (b) of W.S. 39-16-105 to remove conflicting provisions. (Sec. 2, W.S. 39-16-105(a)(viii)(D)(I), W.S. 39-16-105(a)(viii)(D)(II), W.S. 39-16-105(b))

Effective: July 1, 2025

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