WASHINGTON STATE REGISTER

WSR 11-20-074

EMERGENCY RULES

DEPARTMENT OF REVENUE

[ Filed October 3, 2011, 1:05 p.m. , effective October 3, 2011, 1:05 p.m. ]

Effective Date of Rule: Immediately.

Purpose: Part I of chapter 23, Laws of 2010 1st sp. sess. (2ESSB 6143) changed the apportionment and nexus requirements for apportionable activities, effective June 1, 2010. The department has adopted the following emergency rules to explain how these requirements apply:

• WAC 458-20-19402 (Rule 19402) Single factor receipts apportionment -- Generally.

• WAC 458-20-19403 (Rule 19403) Single factor receipts apportionment -- Royalties.

• WAC 458-20-19404 (Rule 19404) Financial institutions -- Income apportionment.

Changes from the previous emergency rule filed May 27, 2011, under WSR 11-12-058 (Rules 19402 and 19403) and WSR 11-12-062 (Rule 19404) are as follows:

• The detailed discussion of the annual reconciliation process previously contained in Rule 19402 has been replaced with a reference to the department's form for submitting the reconciliation. Also, the cross references to the detailed discussion in Rule 19402 (that previously existed in Rules 19403 and 19404) have been replaced with similar language.

• The explanation of how interest applies to underpayments and overpayments as determined by the annual reconciliation has been clarified in all three rules.

Statutory Authority for Adoption: RCW 82.32.300 and 82.01.060(2).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: An emergency adoption of these new rules is necessary because permanent rules cannot be adopted at this time.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 3, 2011.

Alan R. Lynn

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 11-21 issue of the Register.

•	WAC 458-20-19402 (Rule 19402) Single factor receipts apportionment -- Generally.
•	WAC 458-20-19403 (Rule 19403) Single factor receipts apportionment -- Royalties.
•	WAC 458-20-19404 (Rule 19404) Financial institutions -- Income apportionment.

•	The detailed discussion of the annual reconciliation process previously contained in Rule 19402 has been replaced with a reference to the department's form for submitting the reconciliation. Also, the cross references to the detailed discussion in Rule 19402 (that previously existed in Rules 19403 and 19404) have been replaced with similar language.
•	The explanation of how interest applies to underpayments and overpayments as determined by the annual reconciliation has been clarified in all three rules.

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