SHB 3014 -
By Representative Springer
ADOPTED 03/17/2010
On page 9, after line 23 of the amendment, insert the following:
"NEW SECTION. Sec. 10 A new section is added to chapter 82.60
RCW to read as follows:
(1) Subject to the conditions in this section, a person is not
liable for the amount of deferred taxes outstanding for an investment
project when the person temporarily ceases to use its qualified
buildings and qualified machinery and equipment for manufacturing or
research and development activities in a county with a population of
less than twenty thousand persons for a period not to exceed twenty-four months from the date that the department sent its assessment for
the amount of outstanding deferred taxes to the taxpayer.
(2) The relief from repayment of deferred taxes under this section
does not apply unless the number of qualified employment positions
maintained at the investment project after manufacturing or research
and development activities are temporarily ceased is at least ten
percent of the number of qualified employment positions employed at the
investment project at the time the deferral was approved by the
department. If a person has been approved for more than one deferral
under this chapter, relief from repayment of deferred taxes under this
section does not apply unless the number of qualified employment
positions maintained at the investment project after manufacturing or
research and development activities are temporarily ceased is at least
ten percent of the highest number of qualified employment positions at
the investment project at the time any of the deferrals were approved
by the department. If, at any time during the twenty-four month period
after the department has sent the taxpayer an assessment for
outstanding deferred taxes resulting from the person temporarily
ceasing to use its qualified buildings and qualified machinery and
equipment for manufacturing or research and development activities, the
number of qualified employment positions falls below the ten percent
threshold in this subsection, the amount of deferred taxes outstanding
for the project is immediately due.
(3) The lessor of an investment project for which a deferral has
been granted under this chapter who has passed the economic benefits of
the deferral to the lessee is not eligible for relief from the payment
of deferred taxes under this section.
(4) A person seeking relief from the payment of deferred taxes
under this section must apply to the department in a form and manner
prescribed by the department. The application required under this
subsection must be received by the department within thirty days of the
date that the department sent its assessment for outstanding deferred
taxes resulting from the person temporarily ceasing to use its
qualified buildings and qualified machinery and equipment for
manufacturing or research and development activities. The department
must approve applications that meet the requirements in this section
for relief from the payment of deferred taxes.
(5) A person is entitled to relief under this section only once.
(6) A person whose application for relief from the payment of
deferred taxes has been approved under this section must continue to
file an annual survey as required under RCW 82.60.070(1) or any
successor statute. In addition, the person must file, in a form and
manner prescribed by the department, a report on the status of the
business and the outlook for commencing manufacturing or research and
development activities."
Renumber the remaining sections consecutively and correct any internal references accordingly.
EFFECT: Allows tax deferrals to remain in place for up to two years during periods of temporary shutdowns. Limited to facilities in counties with a population of less than 20,000 people if the remaining labor force at the project is greater than 10 percent of labor force at the time the deferral was approved by the DOR.