Exemption for Fuel and Electricity Consumed in Qualified Research

  1. Our company is ONE of the following:
    1. Primarily engaged in biotechnology in Wisconsin on or after January 1, 2012
    2. Engaged in manufacturing in Wisconsin at a building assessed under sec. 70.995, Wis. Stats., on or after July 2, 2013
    3. A combined group member performing qualified research on or after July 2, 2013 for another member of the combined group who is described in (a) or (b)

    In addition, our company uses fuel and electricity exclusively and directly in conducting qualified research. What do we need to do in order to purchase our fuel and electricity without sales or use tax?

  2. Who may claim the exemption for fuel and electricity consumed exclusively and directly in conducting qualified research?

  3. Our company holds a direct pay permit issued by the department. Are we still required to furnish an exemption certificate to the seller in order to purchase fuel and electricity without tax?

  4. Does the exemption include fuel and electricity used for plant heating, cooling, and lighting?

  5. My business is engaged primarily in biotechnology in Wisconsin and some of my purchases of fuel and electricity qualify for the exemption from sales tax. I do not hold a direct pay permit. What happens if I do not furnish an exemption certificate to the seller?

  6. My business is engaged in manufacturing in Wisconsin at a building assessed under sec. 70.995, Wis. Stats. I paid sales tax in error to the seller on purchases of fuel and electricity consumed in conducting qualified research in Wisconsin. What should I do?

  7. How do I request a refund from the seller?

  8. How do I file a Buyer's Claim for Refund?

  9. We consumed less exempt electricity exclusively and directly in qualified research than what we originally claimed on the exemption certificate we previously gave to the electric utility. Do we need to do anything?

  10. We gave an exemption certificate to our supplier, claimed a higher percentage of natural gas consumed exclusively and directly in qualified research than what actually qualified for exemption. The difference was used for taxable purposes. Do we need to do anything?

  11. We gave an exemption certificate to our supplier claiming a lower percentage of exempt natural gas consumed exclusively and directly in qualified research than what actually qualified for exemption. The difference was used for exempt purposes. Can we obtain a refund of the sales and use taxes we paid on the additional natural gas purchases we determine to be exempt?

  12. We hold a direct pay permit and paid use tax on fuel purchased being consumed exclusively and directly in qualified research. At a later date, we determined that our exempt use of fuel purchased was greater than expected. Can we obtain a refund of the use tax we paid on the fuel purchases we subsequently determined was used in an exempt manner?

  13. We are a seller of fuel and electricity. We have received fully completed exemption certificates from various customers claiming the exemption for fuel and electricity consumed exclusively and directly in qualified research. These exemption certificates are marked "continuous." Based on the exemption percentages claimed on the exemption certificates, we do not charge tax to these customers. At a later date, it is determined that all or a portion of the fuel and electricity was used in taxable manner. Are we liable for any tax on these sales?

  14. We are a seller of fuel and electricity. A purchaser contacts us, requesting a refund for overpayment of sales taxes. We are going to file a claim for refund with the department and refund the tax and interest we receive to the purchaser. Is there any documentation we should obtain from the purchaser?

  15. We are a seller of fuel and electricity. A purchaser contacts us, requesting a refund for overpayment of sales taxes, and furnishes us with a fully completed exemption certificate for a prior sale. We have already filed the return and paid the tax for the prior sale. Can I obtain refund for these taxes without filing an amended return to claim the refund?

  16. Does the department require a business to purchase a third party "utility usage study" as documentation for the percentage of fuel or electricity claimed to be used exclusively and directly in qualified research? If not, what evidence is acceptable?


Applicable Laws and Rules

This document provides statements or interpretations of the following laws and regulations enacted as of October 19, 2023: secs. 70.995, 77.52, 77.53, 77.54, 77.585 and 77.59, Wis. Stats., and secs. Tax 11.01, 11.13, 11.14 and 11.20, Wis. Adm. Code.

Laws enacted and in effect after this date, new administrative rules, and court decisions may change the interpretations in this document. Guidance issued prior to this date, that is contrary to the information in this document is superseded by this document, according to sec. 73.16(2)(a), Wis. Stats.

Contact Us​

MS 5-77
Wisconsin Department of Revenue
Customer Service Bureau
PO Box 8949
Madison, WI 53708-8949
Phone: (608) 266-2776
Fax: (608) 267-1030
Email:DORSalesandUse@wisconsin.gov

The department welcomes your input on our guidance. Submit comments on this guidance document.

Guidance Document Number: 100126

October 19, 2023​