BILL REQ. #:  H-0725.1 

Read first time 01/20/11.   Referred to Committee on Community Development & Housing.

     AN ACT Relating to a business and occupation tax deduction for payments made to certain property management companies for personnel performing on-site functions; adding a new section to chapter 82.04 RCW; creating a new section; and repealing RCW 82.04.394.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 82.04 RCW to read as follows:
     (1) In computing tax due under this chapter, there may be deducted from the measure of tax all amounts received by:
     (a) A nonprofit property management company from the owner of property for gross wages, benefits, and payroll taxes paid to, or for, personnel performing on-site functions;
     (b) A property management company from a housing authority for gross wages, benefits, and payroll taxes paid to, or for, personnel performing on-site functions; or
     (c) A property management company from a limited liability company or limited partnership of which the sole managing member or sole general partner is a housing authority for gross wages, benefits, and payroll taxes paid to, or for, personnel performing on-site functions.
     (2) The definitions in this subsection apply to this section.
     (a) "Personnel performing on-site functions" means a person who meets all of the following conditions:
     (i) The person works at the owner's property or centrally performs on-site functions for the property;
     (ii) The person's duties include leasing property units, maintaining the property, preparing tenant income certification paperwork or other compliance documents required to lease the unit, collecting rents, recording rents, or performing similar activities; and
     (iii) The property management company, for whom the personnel performing on-site functions works, operates under a written property management agreement.
     (b) "Nonprofit property management company" means a property management company that:
     (i) Is exempt from the tax under 26 U.S.C. Sec. 501(c) of the federal internal revenue code, as it exists on January 1, 2010, but only when such organization is providing property management services for low-income housing that has qualified for the property tax exemption under RCW 84.36.560; or
     (ii) Is a public corporation established under RCW 35.21.730.
     (c) "Housing authority" means a housing authority created pursuant to chapter 35.82 RCW.

NEW SECTION.  Sec. 2   RCW 82.04.394 (Exemptions -- Amounts received by property management company for on-site personnel) and 2010 1st sp.s. c 23 s 1202, 2010 c 106 s 209, & 1998 c 338 s 2 are each repealed.

NEW SECTION.  Sec. 3   This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.