BILL REQ. #: S-4825.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 02/24/12. Referred to Committee on Ways & Means.
AN ACT Relating to increasing accountability for the tax preferences for manufacturing machinery and equipment by requiring a net benefit to the state and deferring sales and use tax; adding a new chapter to Title 82 RCW; repealing RCW 82.08.02565 and 82.12.02565; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1)(a) The state and local sales and use
taxes due under chapters 82.08, 82.12, and 82.14 RCW may be deferred
for sales to a manufacturer or processor for hire of machinery and
equipment used directly in a manufacturing operation or research and
development operation, to sales to a person engaged in testing for a
manufacturer or processor for hire of machinery and equipment used
directly in a testing operation, or to sales of or charges made for
labor and services rendered in respect to installing, repairing,
cleaning, altering, or improving the machinery and equipment only when
the person claiming the exemption can demonstrate that there is a net
benefit to the state.
(b) Sellers making tax-exempt sales under this section must obtain
from the purchaser the exemption certificate issued under section 3 of
this act. The seller must retain a copy of the certificate for the
seller's files.
(2) For purposes of this section:
(a) "Applicant" means a person applying for a tax deferral under
this chapter.
(b) "Cogeneration" means the simultaneous generation of electrical
energy and low-grade heat from the same fuel.
(c) "Department" means the department of revenue.
(d)(i) "Machinery and equipment" means industrial fixtures,
devices, and support facilities, and tangible personal property that
becomes an ingredient or component thereof, including repair parts and
replacement parts. "Machinery and equipment" includes pollution
control equipment installed and used in a manufacturing operation,
testing operation, or research and development operation to prevent air
pollution, water pollution, or contamination that might otherwise
result from the manufacturing operation, testing operation, or research
and development operation. "Machinery and equipment" also includes
digital goods.
(ii) "Machinery and equipment" does not include:
(A) Hand-powered tools;
(B) Property with a useful life of less than one year;
(C) Buildings, other than machinery and equipment that is
permanently affixed to or becomes a physical part of a building; and
(D) Building fixtures that are not integral to the manufacturing
operation, testing operation, or research and development operation
that are permanently affixed to and become a physical part of a
building, such as utility systems for heating, ventilation, air
conditioning, communications, plumbing, or electrical.
(e) Machinery and equipment is "used directly" in a manufacturing
operation, testing operation, or research and development operation if
the machinery and equipment:
(i) Acts upon or interacts with an item of tangible personal
property;
(ii) Conveys, transports, handles, or temporarily stores an item of
tangible personal property at the manufacturing site or testing site;
(iii) Controls, guides, measures, verifies, aligns, regulates, or
tests tangible personal property at the site or away from the site;
(iv) Provides physical support for or access to tangible personal
property;
(v) Produces power for or lubricates machinery and equipment;
(vi) Produces another item of tangible personal property for use in
the manufacturing operation, testing operation, or research and
development operation;
(vii) Places tangible personal property in the container, package,
or wrapping in which the tangible personal property is normally sold or
transported; or
(viii) Is integral to research and development as defined in RCW
82.63.010.
(f) "Manufacturer" means a person that qualifies as a manufacturer
under RCW 82.04.110. "Manufacturer" also includes a person that prints
newspapers or other materials.
(g) "Manufacturing" means only those activities that come within
the definition of "to manufacture" in RCW 82.04.120 and are taxed as
manufacturing or processing for hire under chapter 82.04 RCW, or would
be taxed as such if such activity were conducted in this state or if
not for an exemption or deduction. "Manufacturing" also includes
printing newspapers or other materials. An activity is not taxed as
manufacturing or processing for hire under chapter 82.04 RCW if the
activity is within the purview of chapter 82.16 RCW.
(h) "Manufacturing operation" means the manufacturing of articles,
substances, or commodities for sale as tangible personal property. A
manufacturing operation begins at the point where the raw materials
enter the manufacturing site and ends at the point where the processed
material leaves the manufacturing site. With respect to the production
of class A or exceptional quality biosolids by a wastewater treatment
facility, the manufacturing operation begins at the point where class
B biosolids undergo additional processing to achieve class A or
exceptional quality standards. Notwithstanding anything to the
contrary in this section, the term also includes that portion of a
cogeneration project that is used to generate power for consumption
within the manufacturing site of which the cogeneration project is an
integral part. The term does not include the preparation of food
products on the premises of a person selling food products at retail.
(i) "Person" has the meaning given in RCW 82.04.030.
(j) "Recipient" means a person receiving a tax deferral under this
chapter.
(k) "Research and development operation" means engaging in research
and development as defined in RCW 82.63.010 by a manufacturer or
processor for hire.
(l) "Testing" means activities performed to establish or determine
the properties, qualities, and limitations of tangible personal
property.
(m) "Testing operation" means the testing of tangible personal
property for a manufacturer or processor for hire. A testing operation
begins at the point where the tangible personal property enters the
testing site and ends at the point where the tangible personal property
leaves the testing site. The term also includes the testing of
tangible personal property for use in that portion of a cogeneration
project that is used to generate power for consumption within the
manufacturing site of which the cogeneration project is an integral
part. The term does not include the testing of tangible personal
property for use in the production of electricity by a light and power
business as defined in RCW 82.16.010 or the preparation of food
products on the premises of a person selling food products at retail.
NEW SECTION. Sec. 2 (1) For purposes of this chapter, "net
benefit to the state" means the amount of economic benefit to the state
in jobs created or retained, plus the amount of increased economic
activity directly related to the deferral provided by this section
which was claimed, measured by the amount of taxes paid by the
increased economic activity claimed, minus the annual amount of
taxpayer savings.
(2) For purposes of this section, the amount of economic benefit to
the state in jobs created or retained must be measured by state and
local taxes paid by an employee, which must be calculated as a
percentage of the annual wage for each employment position as follows:
(a) For an annual wage of less than twenty thousand dollars, the
percentage is 17.3 percent;
(b) For an annual wage of more than twenty thousand dollars and
less than thirty-seven thousand dollars, the percentage is 12.7
percent;
(c) For an annual wage of more than thirty-seven thousand dollars
and less than sixty-two thousand dollars, the percentage is 11.2
percent;
(d) For an annual wage of more than sixty-two thousand dollars and
less than ninety-nine thousand dollars, the percentage is 9.5 percent;
and
(e) For an annual wage of more than ninety-nine thousand dollars,
the percentage is 7.6 percent.
(3) For purposes of this section, the amount of increased economic
activity directly related to the deferral provided in this section
claimed must be measured by the increased taxes paid by the taxpayer
annually on the activity directly related to this exemption minus the
annual amount of taxpayer savings.
NEW SECTION. Sec. 3 (1) The department must 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 to a manufacturer or
processor for hire meeting the qualifications in section 1(1)(a) of
this act for machinery and equipment used for the purposes specified in
section 1(1)(a) of this act.
(2) The department must keep a running total of all deferrals
granted under this chapter during each fiscal biennium.
NEW SECTION. Sec. 4 (1) Application for deferral of taxes under
this chapter must be made before the acquisition of equipment or
machinery. The application must be made to the department in a form
and manner prescribed by the department. The application must contain
information regarding the potential net benefit to the state from the
public investment of the deferral, with factors provided in section 2
of this act, as well as any other information required by the
department. The department must rule on the application within sixty
days.
(2) Recipients of a tax deferral under this chapter must file an
annual report providing information pursuant to demonstrating a net
benefit to the state in a form and manner prescribed by the department.
The report is due by January 31st following the calendar year in which
the qualifying machinery and equipment is purchased and the tax is
deferred, and through the subsequent nineteen calendar years. Failure
to file the report constitutes failure to demonstrate a net benefit to
the state.
NEW SECTION. Sec. 5 (1) The recipient must repay the taxes
deferred under this chapter:
(a) At the rate of five percent of the deferred amount for any
calendar year in which the recipient fails to demonstrate a net benefit
to the state, commencing with the calendar year in which the qualifying
machinery and equipment is purchased and the tax is deferred, and
through the subsequent nineteen calendar years. Payment is due on
January 31st of the year following the calendar year in which the
recipient fails to show a net benefit to the state; or
(b) Pursuant to the following schedule if the machinery and
equipment for which tax was deferred is sold by the recipient. Payment
is due within thirty days of the date the machinery and equipment is
sold:
Disqualification Year | % of Deferred Tax Repaid |
1 | 100% |
2 | 95% |
3 | 90% |
4 | 85% |
5 | 80% |
6 | 75% |
7 | 70% |
8 | 65% |
9 | 60% |
10 | 55% |
11 | 50% |
12 | 45% |
13 | 40% |
14 | 35% |
15 | 30% |
16 | 25% |
17 | 20% |
18 | 15% |
19 | 10% |
20 | 5% |
NEW SECTION. Sec. 6 Chapter 82.32 RCW applies to the
administration of this chapter.
NEW SECTION. Sec. 7 The following acts or parts of acts are each
repealed:
(1) RCW 82.08.02565 (Exemptions -- Sales of machinery and equipment
for manufacturing, research and development, or a testing operation--Labor and services for installation -- Exemption certificate -- Rules) and
2011 c 23 s 2, 2009 c 535 s 510, 1999 c 211 s 5, 1999 c 211 s 3, & 1998
c 330 s 1; and
(2) RCW 82.12.02565 (Exemptions -- Machinery and equipment used for
manufacturing, research and development, or a testing operation) and
2003 c 5 s 5, 1999 c 211 s 6, 1998 c 330 s 2, 1996 c 247 s 3, & 1995
1st sp.s. c 3 s 3.
NEW SECTION. Sec. 8 This act does not affect any existing right
acquired or liability or obligation incurred under the sections amended
or repealed or under any rule or order adopted under those sections,
nor does it affect any proceeding instituted under those sections.
NEW SECTION. Sec. 9 Sections 1 through 6, 8, and 10 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 10 This act takes effect July 1, 2012.