Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 105 - Sales Below Cost
Subchapter II - Cigarette Pricing
Section ATCP 105.07 - Factors for allocating expenses
Universal Citation: WI Admin Code ยง ATCP 105.07
Current through August 26, 2024
Under the average expense allocation method, all expenses incurred in the operation of the business shall be allocated to the sale of cigarettes and other tobacco products using the following methods:
(1) SALES ALLOCATION.
(a) The expenses listed in par. (b), plus any
other expenses incurred in the operation of the business that are not listed
elsewhere in this section, shall be allocated according to the percentage that
the sale of cigarettes and other tobacco products comprises of total
sales.
(b) The sales allocation
factor applies to the following expenses:
1.
Bad debts.
2. Data
processing.
3. Depreciation on
buildings, except as allocated under sub. (2) (b) 1.
4. Depreciation on lease improvements on the
wholesaler's general facilities, other than its warehouse.
5. Depreciation on office
equipment.
6. Non-delivery
vehicles.
7. Dues, subscriptions
and licenses. Wholesale cigarette sales permit expenses shall be allocated
entirely as overhead associated with the sale of cigarettes and other tobacco
products. No permit or license expenses required to sell other specific
commodities may be allocated to the sale of cigarettes and other tobacco
products.
8. Miscellaneous
expenses.
9. Insurance on
inventory. If a wholesaler's inventory insurance is based on the value of
inventory these expenses may be allocated based on the percentage that
cigarettes and other tobacco product inventory value comprises of total
inventory value, rather than on sales. The inventory valuation reports required
by the insurer shall be used as the basis of allocation according to inventory
value.
10. Insurance, except as
allocated under subd. 9. and subs. (2) (b) 6. and (3) (b) 2. b.
11. Interest, except as allocated under sub.
(2) (b) 7.
12. Office expenses and
supplies.
13. Professional fees,
except as allocated under sub. (2) (b) 12.
14. Promotion and advertising.
15. Retirement and employee
welfare.
16. Salaries, fringe
benefits and other remuneration, including officers' salaries and payroll
taxes, except as allocated under subs. (2) (b) 13. and (3) (b) 1. and 2.
a.
17. Telephone.
18. Rent and real estate taxes, except as
allocated under sub. (2) (b) 8.
(2) WAREHOUSE SPACE ALLOCATION.
(a) The expenses listed in par. (b) shall be
allocated according to the percentage that the cubic feet of warehouse space
used to store cigarettes and other tobacco products comprises of total
warehouse space used for the storage of goods for sale. All other space in the
warehouse shall be excluded from this percentage calculation, although expenses
associated with this space shall be allocated.
(b) The space allocation factor applies to
the following expenses:
1. Depreciation on
warehouse buildings.
2.
Depreciation on lease improvements on warehouses.
3. Depreciation on warehouse
equipment.
4. Warehouse equipment
rental.
5. Heat, light, power and
water. If any of these items is separately metered for warehouse areas not
serving cigarettes and other tobacco products, such as freezers or coolers,
these expenses may not be allocated to the sale of cigarettes and other tobacco
products. If any of these items is separately metered for warehouse areas
serving only cigarettes and other tobacco products, such as humidity-controlled
rooms, these expenses shall be allocated entirely to the sale of cigarettes and
other tobacco products.
6.
Insurance on warehouse equipment and buildings.
7. Interest on real estate.
8. Warehouse rent and warehouse property
taxes.
9. Repairs, maintenance and
groundskeeping.
10. Garbage
pickup.
11. Security.
12. Fees of professionals whose work is
principally associated with the wholesaler's warehouses.
13. Salaries, fringe benefits and other
remuneration of warehouse employees.
14. Warehouse supplies.
(3) DELIVERY VEHICLE SPACE ALLOCATION.
(a) The expenses listed in par.
(b) shall be allocated according to the percentage that the cubic feet of space
in vehicles used for transporting cigarettes and other tobacco products
comprises of total space used for the transportation of goods in delivery
vehicles. All other space in the delivery vehicles shall be excluded from this
percentage calculation, although expenses associated with this space shall be
allocated.
(b) The delivery vehicle
space allocation factor applies to the following expenses:
1. Salaries, fringe benefits and other
remunerations of delivery vehicle drivers.
2. Garage expenses for the housing and
maintenance of vehicles, including:
a.
Salaries, fringe benefits and other remuneration of garage employees.
b. Depreciation and insurance on garage
equipment.
c. Noncapitalized
expendable tools.
d. Garage
supplies.
e. Purchased
parts.
f. Purchased repairs to
vehicles.
3. Gas, oil,
tires and licenses.
4. Delivery
vehicle insurance and depreciation.
5. Delivery vehicle lease payments.
(4) DIRECT ASSIGNMENT OF EXPENSES. Upon approval of the department, a wholesaler that maintains sufficient sub-records may assign expenses directly to cigarettes and other tobacco products instead of using the indirect allocation methods listed in this section.
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