H-3043.1 _______________________________________________
HOUSE
BILL 2303
_______________________________________________
Passed
Legislature - 1999 First Special
State of Washington 56th
Legislature 1999 1st Special Session
By
Read first time . Referred
to Committee on .
Establishing
an effective date for the 1999 timber tax credit.
AN
ACT Relating to the effective date of the timber tax credit enacted during
1999; and amending RCW 84.33.--- (1999 sp.s. c ... (ESHB 2091) s 401).
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
84.33.--- and 1999 c ... (ESHB 2091) s 401 are each amended to read as follows:
(1)
A taxpayer is allowed a credit against the tax imposed under RCW 84.33.041 for
timber harvested on and after January 1, 2000, under a forest practices
notification filed or application approved under RCW 76.09.050 and subject to
enhanced aquatic resources requirements.
(2)(a)
For a person other than a small harvester who elects to calculate tax under RCW
84.33.074, the credit is equal to the stumpage value of timber harvested for
sale or for commercial or industrial use multiplied by eight-tenths of one
percent.
(b)
For a small harvester who elects to calculate tax under RCW 84.33.074, the
credit is equal to sixteen percent of the tax imposed under this chapter.
(c)
The amount of credit claimed by a taxpayer under this section shall be reduced
by the amount of any compensation received from the federal government for
reduced timber harvest due to enhanced aquatic resource requirements. If the
amount of compensation from the federal government exceeds the amount of credit
available to a taxpayer in any reporting period, the excess shall be carried
forward and applied against credits in future reporting periods. This
subsection does not apply to small harvesters as defined in RCW 84.33.073.
(d)
Refunds may not be given in place of credits. Credit may not be claimed in
excess of tax owed. The department of revenue shall disallow any credits, used
or unused, upon written notification from the department of natural resources
of a final decision that timber for which credit was claimed was not harvested
under a forest practices notification filed or application approved under RCW
76.09.050 and subject to enhanced aquatic resources requirements.
(3)
As used in this section, a forest practice notification or application is subject
to enhanced aquatic resource requirements if it includes, in whole or in part,
riparian area, wetland, or steep or unstable slope from which the operator is
limited, by rule adopted under sections 201 through 204 ((of this act)),
chapter . . . (Engrossed Substitute House Bill No. 2091), Laws of
1999 sp. sess. or any federally approved habitat conservation plan or
department of natural resources approved watershed analysis, from harvesting
timber, or if a road is included within or adjacent to the area covered by such
notification or application and the road is covered by a road maintenance plan
approved by the department of natural resources under rules adopted under
chapter 76.09 RCW, the forest practices act, or a federally approved habitat
conservation plan.
(4)
For forest practices notification or applications submitted after January 1,
2000, the department of natural resources shall indicate whether the
notification or application is subject to enhanced aquatic resource
requirements and, unless notified of a contrary determination by the forest
practices appeals board, the department of revenue shall use such indication in
determining the credit to be allowed against the tax assessed under RCW
84.33.041. The department of natural resources shall develop revisions to the
form of the forest practices notifications and applications to provide a space
for the applicant to indicate and the department of natural resources to
confirm or not confirm, whether the notification or application is subject to enhanced
aquatic resource requirements. For forest practices notifications or
applications submitted before January 1, 2000, the applicant may submit the
approved notification or application to the department of natural resources for
confirmation that the notification or application is subject to enhanced
aquatic resource requirements. Upon any such submission, the department of
natural resources will within thirty days confirm or deny that the notification
or application is subject to enhanced aquatic resource requirements and will
forward separate evidence of each confirmation to the department of revenue.
Unless notified of a contrary ruling by the forest practices appeals board, the
department of revenue shall use the separate confirmations in determining the
credit to be allowed against the tax assessed under RCW 84.33.041.
(5)
A refusal by the department of natural resources to confirm that a notification
or application is subject to enhanced aquatic resources requirements may be
appealed to the forest practices appeals board under RCW 76.09.220.
(6) A person receiving approval of credit must keep records
necessary for the department of revenue to verify eligibility under this
section.
