Exemption for Fuel and Electricity Consumed in Manufacturing

  1. ​​​​​​Our company consumes fuel and electricity in our manufacturing processes. What do we need to do in order to purchase our fuel and electricity without sales or use tax?

  2. 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?

  3. I am a manufacturer of tangible personal property 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?

  4. I paid sales tax in error to the seller on purchases of fuel and electricity consumed in manufacturing tangible personal property in Wisconsin. What should I do?

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

  6. How do I file a Buyers Claim for Refund with the department?

  7. Our company used less electricity for exempt purposes than previously stated on the exemption certificate we provided to our supplier. The taxable and exempt electricity is billed on a single meter. Do we need to furnish the electric utility company with a new exemption certificate?

  8. Our company used less natural gas for exempt purposes than previously stated on the exemption certificate we provided to our supplier. We used the difference for taxable purposes. Do we need to do anything?

  9. Our company used more natural gas for exempt purposes than previously stated on the exemption certificate we provided to our supplier. Can we obtain a refund of the sales and use tax we paid on the additional natural gas purchases we determine to be exempt?

  10. We hold a direct pay permit and remit use tax based on a percentage of fuel purchased and consumed in the manufacture of tangible personal property in Wisconsin. Later, we determined that our exempt use of fuel purchased is actually higher than originally reported. Can we obtain a refund of the use tax we paid on the fuel purchases we subsequently determined was used in an exempt manner?

  11. 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 in manufacturing tangible personal property in Wisconsin. 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?

  12. 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?

  13. Does the department require manufacturers to purchase a third party "utility usage study" as documentation for the exempt percentage claimed to be used in manufacturing? If not, what evidence is acceptable?

  14. What happens to my unused manufacturer's sales tax credits from taxable years that began before January 1, 2006?


Applicable Laws and Rules

This document provides statements or interpretations of the following laws and regulations enacted as of November 27, 2023: secs. 71.07, 71.28, 77.51, 77.52, 77.53, 77.54, 77.585(10) and 77.59, Wis. Stats., and secs. Tax 2.11, 11.01, 11.13 11.14, and 11.57, 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: 100125

November 27, 2023​​