SENATE BILL 5523





                        57th Legislature

                      2002 Regular Session


Passed by the Senate February 6, 2002

  YEAS 44   NAYS 0




President of the Senate


Passed by the House March 7, 2002

  YEAS 94   NAYS 0



I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 5523 as passed by the Senate and the House of Representatives on the dates hereon set forth.




Speaker of the

      House of Representatives









Approved Place Style On Codes above, and Style Off Codes below.  





Governor of the State of Washington

                   Secretary of State

                  State of Washington



                         SENATE BILL 5523



             Passed Legislature - 2002 Regular Session


State of Washington      57th Legislature     2001 Regular Session


By Senators Horn, Rossi and Snyder


Read first time 01/25/2001.  Referred to Committee on Ways & Means.

Authorizing an offset for certain overpayments of tax concerning leased equipment.

    AN ACT Relating to overpayments of tax concerning leased equipment when a remedy to refund the overpayment no longer exists under the nonclaim statute; and adding a new section to chapter 82.32 RCW.




    NEW SECTION.  Sec. 1.  A new section is added to chapter 82.32 RCW to read as follows:

    In addition to the procedure set forth in RCW 82.32.060 and as an exception to the four-year period explicitly set forth in RCW 82.32.060, an offset for a tax that has been paid in excess of that properly due may be taken under the following conditions:  (1) The tax paid in excess of that properly due was sales tax paid on the purchase of property acquired for leasing; (2) the taxpayer was at the time of purchase entitled to purchase the property at wholesale under RCW 82.04.060; and (3) the taxpayer substantiates that sales tax was paid at the time of purchase and that there was no intervening use of the equipment by the taxpayer.  The offset is applied to and reduced by the amount of retail sales tax otherwise due from the beginning of lease of the property until the offset is extinguished.


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