SHB 2530 -
By Representative Orcutt
Beginning on page 7, after line 2, strike all of section 7 and insert the following:
"Sec. 7 RCW 82.32.585 and 2011 c 23 s 6 are each amended to read
as follows:
(1)(a) Unless the department extends the due date as provided in
RCW 82.32.590, every person claiming a tax preference that requires a
survey under this section must file a complete annual survey with the
department by the due date as provided in (b) of this subsection.
(b)(i) Except as provided in (((a))) (b)(ii) of this subsection,
the survey is due by April 30th of the year following any calendar year
in which a person becomes eligible to claim the tax preference that
requires a survey under this section. If a person remains eligible to
claim a tax preference in subsequent calendar years, the person must
file additional surveys by April 30th of each year following each
calendar year that the person remains eligible to claim the tax
preference.
(ii) If the tax preference is a deferral of tax, the first survey
must be filed by April 30th of the calendar year following the calendar
year in which the investment project is certified by the department as
operationally complete, and a survey must be filed by April 30th of
each of the seven succeeding calendar years.
(((b) The department may extend the due date for timely filing of
annual surveys under this section as provided in RCW 82.32.590.))
(2)(((a))) The survey must include information as required in this
subsection for the calendar year preceding the calendar year in which
the survey is due.
(a)(i) The amount of the tax preference claimed ((for the calendar
year covered by)) must be reported on the survey.
(ii) For a person that claimed an exemption provided in RCW
82.08.025651 or 82.12.025651, the survey must include the amount of tax
exempted under those sections in the prior calendar year for each
general area or category of research and development for which exempt
machinery and equipment and labor and services were acquired in the
prior calendar year.
(b) The survey must also include the following information for
employment positions in Washington, not to include names of
employees((, for the year that the tax preference was claimed)):
(i) The number of total employment positions;
(ii) Full-time, part-time, and temporary employment positions as a
percent of total employment;
(iii) The number of employment positions according to the following
wage bands: Less than thirty thousand dollars; thirty thousand dollars
or greater, but less than sixty thousand dollars; and sixty thousand
dollars or greater. A wage band containing fewer than three
individuals may be combined with another wage band; and
(iv) The number of employment positions that have employer-provided
medical, dental, and retirement benefits, by each of the wage bands.
(c) The survey must also include the amount of new capital
investment in Washington. For purposes of this subsection (2)(c), the
term "capital investment" means the cost of land, structures, and
depreciable property located in Washington that are integral to the
activities that qualify the business for the tax preference or
preferences requiring a survey under this section.
(d) For persons claiming the tax preference provided under chapter
82.60 or 82.63 RCW, the survey must also include the number of new
products or research projects by general classification, and the number
of trademarks, patents, and copyrights associated with activities at
the investment project.
(((d))) (e) For persons claiming the credit provided under RCW
82.04.4452, the survey must also include the qualified research and
development expenditures ((during the calendar year for which the
credit was claimed)), the taxable amount ((during the calendar year for
which the credit was claimed)), the number of new products or research
projects by general classification, the number of trademarks, patents,
and copyrights associated with the research and development activities
for which the credit was claimed, and whether the tax preference has
been assigned, and who assigned the credit. The definitions in RCW
82.04.4452 apply to this subsection (2)(((d)))(e).
(((e))) (f) For persons claiming the tax exemption in RCW
82.08.025651 or 82.12.025651, the survey must also include the general
areas or categories of research and development for which machinery and
equipment and labor and services were acquired, exempt from tax under
RCW 82.08.025651 or 82.12.025651((, in the prior calendar year)).
(((f))) (g) If the person filing a survey under this section did
not file a survey under this section or report under RCW 82.32.534 with
the department in the previous calendar year, the survey filed under
this section must also include the employment, wage, and benefit
information required under (b)(((i) through (iv))) of this subsection
for the calendar year immediately preceding the calendar year for which
a tax preference was claimed.
(3) As part of the annual survey, the department may request
additional information necessary to measure the results of, or
determine eligibility for, the tax preference.
(4)(a) All information collected under this section, except the
information required in subsection (2)(a) of this section, is deemed
taxpayer information under RCW 82.32.330. Information required in
subsection (2)(a) of this section is not subject to the confidentiality
provisions of RCW 82.32.330 and may be disclosed to the public upon
request, except as provided in subsection (5) of this section.
(b) If the amount of the tax preference claimed as reported on the
survey is different than the amount actually claimed or otherwise
allowed by the department based on the taxpayer's excise tax returns or
other information known to the department, the amount actually claimed
or allowed may be disclosed.
(5) Persons for whom the actual amount of the tax reduced or saved
is less than ten thousand dollars during the period covered by the
survey may request the department to treat the amount of the tax
reduction or savings as confidential under RCW 82.32.330.
(6)(a) Except as otherwise provided by law, if a person claims a
tax preference that requires an annual survey under this section but
fails to submit a complete annual survey by the due date of the survey
or any extension under RCW 82.32.590, the department must declare the
amount of the tax preference claimed for the previous calendar year to
be immediately due. If the tax preference is a deferral of tax, twelve
and one-half percent of the deferred tax is immediately due. If the
economic benefits of the deferral are passed to a lessee, the lessee is
responsible for payment to the extent the lessee has received the
economic benefit.
(b) The department must assess interest, but not penalties, on the
amounts due under this subsection. The interest must be assessed at
the rate provided for delinquent taxes under this chapter,
retroactively to the date the tax preference was claimed, and accrues
until the taxes for which the tax preference was claimed are repaid.
Amounts due under this subsection are not subject to the
confidentiality provisions of RCW 82.32.330 and may be disclosed to the
public upon request.
(7) The department must use the information from this section to
prepare summary descriptive statistics by category. No fewer than
three taxpayers may be included in any category. The department must
report ((these)) summary descriptive statistics to the legislature each
year by ((October)) December 1st.
(8) For the purposes of this section:
(a) "Person" has the meaning provided in RCW 82.04.030 and also
includes the state and its departments and institutions.
(b) "Tax preference" has the meaning provided in RCW 43.136.021 and
includes only the tax preferences requiring a survey under this
section."
EFFECT: Restores the confidentiality requirements under current law for annual surveys. Removes the requirement for DOR to evaluate the relative tax burdens in its summary descriptive statistics.