SHB 1865 -
By Representative Kilmer
ADOPTED 03/11/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 82.08 RCW
to read as follows:
(1) The tax levied by RCW 82.08.020 does not apply to:
(a) Charges made for labor and services rendered by any person in
respect to the building of any street, place, road, highway, easement,
right of way, bridge, tunnel, or trestle which is owned by the state or
by the United States and which is used or to be used primarily for foot
or vehicular traffic; or
(b) Sales of tangible personal property that becomes an ingredient
or component of the street, place, road, highway, easement, right of
way, bridge, tunnel, or trestle which is owned by the state or by the
United States and which is used or to be used primarily for foot or
vehicular traffic during the course of the building of such street,
place, road, highway, easement, right of way, bridge, tunnel, or
trestle.
(2) The exemption provided by this section does not apply:
(a) To any project for which a sales and use tax deferral
certificate has been issued by the department under RCW 47.46.060; and
(b) Unless at least eighty percent of the cost of the project will
be recovered through tolls or other direct user fees.
(3) The buyer must provide the seller with an exemption certificate
in a form and manner prescribed by the department. The seller shall
retain a copy of the certificate for the seller's files.
(4) For the purposes of this section, "direct user fee" means a fee
charged for the specific use of the facility.
NEW SECTION. Sec. 2 A new section is added to chapter 82.12 RCW
to read as follows:
(1) The provisions of this chapter do not apply with respect to the
use of tangible personal property that becomes an ingredient or
component of any street, place, road, highway, easement, right of way,
bridge, tunnel, or trestle which is owned by the state or by the United
States and which is used or to be used primarily for foot or vehicular
traffic during the course of building.
(2) The eligibility requirements, conditions, and definitions in
section 1 of this act apply to this section.
Sec. 3 RCW 47.46.060 and 2002 c 114 s 18 are each amended to read
as follows:
(1) Any person, including the department of transportation and any
private entity or entities, may apply for deferral of taxes on the site
preparation for, the construction of, the acquisition of any related
machinery and equipment which will become a part of, and the rental of
equipment for use in the state route number 16 corridor improvements
project under this chapter. Application shall be made to the
department of revenue in a form and manner prescribed by the department
of revenue. The application shall contain information regarding
estimated or actual costs, time schedules for completion and operation,
and other information required by the department of revenue. The
department of revenue shall approve the application within sixty days
if it meets the requirements of this section.
(2) The department of revenue shall issue a sales and use tax
deferral certificate for state and local sales and use taxes due under
chapters 82.08, 82.12, and 82.14 RCW on the project.
(3) The department of transportation or a private entity granted a
tax deferral under this section shall begin paying the deferred taxes
in the fifth year after the date certified by the department of revenue
as the date on which the project is operationally complete. The first
payment is due on December 31st of the fifth calendar year after such
certified date, with subsequent annual payments due on December 31st of
the following nine years. Each payment shall equal ten percent of the
deferred tax. The project is operationally complete under this section
when the collection of tolls is commenced for the state route number 16
improvements covered by the deferral.
(4) The department of revenue may authorize an accelerated
repayment schedule upon request of the department of transportation or
a private entity granted a deferral under this section.
(5) Interest shall not be charged on any taxes deferred under this
section for the period of deferral, although all other penalties and
interest applicable to delinquent excise taxes may be assessed and
imposed for delinquent payments under this section. The debt for
deferred taxes is not extinguished by insolvency or other failure of
the private entity. Transfer of ownership does not terminate the
deferral.
(6) Applications and any other information received by the
department of revenue under this section are not confidential and are
subject to disclosure. Chapter 82.32 RCW applies to the administration
of this section.
(7) Taxes due under chapters 82.08 and 82.12 RCW on the site
preparation for, the construction of, the acquisition of any related
machinery and equipment that will become a part of, and the rental of
equipment for use in the state route number 16 corridor improvements
for which a deferral has been granted need not be repaid."
EFFECT: Clarifies the sales and use tax exemption applies to the construction expenditures only and does not include repairs or maintenance.