BILL REQ. #:  H-0826.2 

Read first time 01/19/11.   Referred to Committee on Ways & Means.

     AN ACT Relating to providing funds for the Washington state ferry system and other transportation purposes by narrowing the nonresident sales and use tax exemption; amending RCW 82.08.0273; adding a new section to chapter 82.32 RCW; creating a new section; providing an effective date; providing a contingent expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 82.08.0273 and 2010 c 106 s 215 are each amended to read as follows:
     (1) The tax levied by RCW 82.08.020 does not apply to sales to nonresidents of this state of tangible personal property, digital goods, and digital codes, when ((such)):
     (a) The property is for use outside this state((, and));
     (b) The purchaser (((a))) is a bona fide resident of a province or territory of Canada or a state, territory, or possession ((or Province of Canada)) of the United States, other than the state of Washington; and
     (i) Such state, possession, territory, or province ((of Canada)) does not impose ((a)), or have imposed on its behalf, a generally applicable retail sales tax ((or)), use tax, value added tax, gross receipts tax on retailing activities, or similar generally applicable tax, of three percent or more; or((,))
     (ii) If imposing ((such)) a tax described in (b)(i) of this subsection, ((permits)) provides an exemption for sales to Washington residents ((exemption from otherwise taxable sales)) by reason of their residence((,));
     (c) With respect to tangible personal property, the purchaser takes possession of the property at a retail store or similar building of the buyer and such store or building is located in a county adjacent to another state; and
     (((b))) (d) The purchaser agrees, when requested, to grant the department of revenue access to such records and other forms of verification at his or her place of residence to assure that such purchases are not first used substantially in the state of Washington.
     (2) Notwithstanding anything to the contrary in this chapter, if parts or other tangible personal property are installed by the seller during the course of repairing, cleaning, altering, or improving motor vehicles, trailers, or campers and the seller makes a separate charge for the tangible personal property, the tax levied by RCW 82.08.020 does not apply to the separately stated charge to a nonresident purchaser for the tangible personal property but only if the separately stated charge does not exceed either the seller's current publicly stated retail price for the tangible personal property or, if no publicly stated retail price is available, the seller's cost for the tangible personal property. However, the exemption provided by this section does not apply if tangible personal property is installed by the seller during the course of repairing, cleaning, altering, or improving motor vehicles, trailers, or campers and the seller makes a single nonitemized charge for providing the tangible personal property and service. All of the requirements in subsections (1) and (3) through (6) of this section apply to this subsection.
     (3)(a) Any person claiming exemption from retail sales tax under the provisions of this section must display proof of his or her current nonresident status as provided in this section.
     (b) Acceptable proof of a nonresident person's status includes one piece of identification such as a valid driver's license from the jurisdiction in which the out-of-state residency is claimed or a valid identification card which has a photograph of the holder and is issued by the out-of-state jurisdiction. Identification under this subsection (3)(b) must show the holder's residential address and have as one of its legal purposes the establishment of residency in that out-of-state jurisdiction.
     (c) In lieu of furnishing proof of a person's nonresident status under (b) of this subsection (3), a person claiming exemption from retail sales tax under the provisions of this section may provide the seller with an exemption certificate in compliance with subsection (4)(b) of this section.
     (4)(a) Nothing in this section requires the vendor to make tax exempt retail sales to nonresidents. A vendor may choose to make sales to nonresidents, collect the sales tax, and remit the amount of sales tax collected to the state as otherwise provided by law. If the vendor chooses to make a sale to a nonresident without collecting the sales tax, the vendor must examine the purchaser's proof of nonresidence, determine whether the proof is acceptable under subsection (3)(b) of this section, and maintain records for each nontaxable sale which shall show the type of proof accepted, including any identification numbers where appropriate, and the expiration date, if any.
     (b) In lieu of using the method provided in (a) of this subsection to document an exempt sale to a nonresident, a seller may accept from the purchaser a properly completed uniform exemption certificate approved by the streamlined sales and use tax agreement governing board or any other exemption certificate as may be authorized by the department and properly completed by the purchaser. A nonresident purchaser who uses an exemption certificate authorized in this subsection (4)(b) must include the purchaser's driver's license number or other state-issued identification number and the state of issuance.
     (c) In lieu of using the methods provided in (a) and (b) of this subsection to document an exempt sale to a nonresident, a seller may capture the relevant data elements as allowed under the streamlined sales and use tax agreement.
     (5)(a) Any person making fraudulent statements, which includes the offer of fraudulent identification or fraudulently procured identification to a vendor, in order to purchase goods without paying retail sales tax is guilty of perjury under chapter 9A.72 RCW.
     (b) Any person making tax exempt purchases under this section by displaying proof of identification not his or her own, or counterfeit identification, with intent to violate the provisions of this section, is guilty of a misdemeanor and, in addition, is liable for the tax and subject to a penalty equal to the greater of one hundred dollars or the tax due on such purchases.
     (6)(a) Any vendor who makes sales without collecting the tax and who fails to maintain records of sales to nonresidents as provided in this section is personally liable for the amount of tax due.
     (b) Any vendor who makes sales without collecting the retail sales tax under this section and who has actual knowledge that the purchaser's proof of identification establishing out-of-state residency is fraudulent is guilty of a misdemeanor and, in addition, is liable for the tax and subject to a penalty equal to the greater of one thousand dollars or the tax due on such sales. In addition, both the purchaser and the vendor are liable for any penalties and interest assessable under chapter 82.32 RCW.
     (7) This section expires if there is a final court decision invalidating the changes in subsection (1)(c) of this section. The date of the expiration is on the first day of the second calendar quarter subsequent to the decision.

NEW SECTION.  Sec. 2   A new section is added to chapter 82.32 RCW to read as follows:
     By May 1, 2012, and by May 1st of every year thereafter, the department must annually estimate the increase in state revenue for the prior calendar year resulting from the changes made under section 1 of this act and certify the estimated amount to the state treasurer. By July 1, 2012, and by July 1st of every year thereafter, the state treasurer must transfer eighty percent the amount into the Puget Sound capital construction account created in RCW 47.60.505 and the remainder into the multimodal transportation account for transit services.

NEW SECTION.  Sec. 3   The department of revenue must provide written notice of the expiration date of RCW 82.08.0273 to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011.