BILL REQ. #: H-3611.1
State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/27/14. Referred to Committee on Technology & Economic Development.
AN ACT Relating to extending specific aerospace tax preferences to include other types of commercial aircraft to encourage the migration of good wage jobs in the state; amending RCW 82.32.550, 82.04.260, 82.04.260, 82.04.260, 82.04.260, 82.04.4463, 82.04.4463, 82.04.4461, 82.04.4461, 82.08.975, 82.08.975, 82.08.980, and 82.12.980; providing effective dates; providing contingent effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that the people of
Washington have benefited from the presence of the aerospace industry
in Washington state. The legislature further finds that the industry
continues to provide good wage jobs and benefits for employees
throughout the state. The legislature further finds that expansion of
the aerospace industry to other types of aircraft manufacturing would
provide additional good wage jobs for the citizens of Washington,
increasing the economic activity of manufacturing in the state. The
legislature further finds that expansion of the current aerospace
industry to all types of aerospace products will establish Washington
as the leading aerospace industry state. Therefore, the legislature
intends to extend preferential tax rates, credits, and sales and use
tax deferrals for the aerospace industry to other types of aircraft
manufacturing. Specifically, the legislature intends to provide tax
relief to manufacturers of all types of aircraft and manufacturers and
suppliers of aircraft components to encourage the migration of these
businesses to Washington, in turn creating and retaining good wage jobs
and new tax revenue for the state.
(2) It is the specific public policy objective of the legislature
to provide a preferential business and occupation tax rate, business
and occupation tax credit, and sales and use tax deferral for the
manufacturing of rotorcraft, including the components used in the
manufacturing process. This tax preference is intended to promote
economic growth and jobs for Washington. The legislature categorizes
this tax preference as one intended to create and retain jobs, as
described in RCW 82.32.808(2)(c).
(3)(a) In order to obtain the necessary data to perform a review of
this tax preference, persons using this preference must file a tax
preference annual report under RCW 82.32.534.
(b) The joint legislative audit and review committee must review
the tax preference provided in this act as part of its normal review
process of tax preferences. The committee must specifically assess
employment changes and tax revenue changes in the commercial aircraft
industry in Washington in comparison to employment and tax revenues
prior to the extension of tax preferences in this act. To the extent
practicable, the committee must use data provided by state agencies
responsible for administering unemployment insurance and collecting tax
revenue and data statistics provided by the bureau of labor statistics.
Sec. 2 RCW 82.32.550 and 2010 1st sp.s. c 23 s 517 are each
amended to read as follows:
(1) "Commercial aircraft" means a "commercial airplane" or
"commercial rotorcraft."
(2) "Commercial airplane" has its ordinary meaning, which is an
airplane certified by the federal aviation administration for
transporting persons or property, and any military derivative of such
an airplane.
(((2))) (3) "Commercial rotorcraft" means an aircraft supported in
flight by one or more rotors to provide lift, which may also include
rotorcrafts with additional thrust engines or propellers, certified by
the federal aviation administration for transporting persons or
property, and any military derivative of such an aircraft.
(4) "Component" means a part or system certified by the federal
aviation administration for installation or assembly into a commercial
((airplane)) aircraft.
(((3))) (5) "Superefficient airplane" means a twin aisle airplane
that carries between two hundred and three hundred fifty passengers,
with a range of more than seven thousand two hundred nautical miles, a
cruising speed of approximately mach .85, and that uses fifteen to
twenty percent less fuel than other similar airplanes on the market.
Sec. 3 RCW 82.04.260 and 2013 2nd sp.s. c 13 s 202 are each
amended to read as follows:
(1) Upon every person engaging within this state in the business of
manufacturing:
(a) Wheat into flour, barley into pearl barley, soybeans into
soybean oil, canola into canola oil, canola meal, or canola by-products, or sunflower seeds into sunflower oil; as to such persons the
amount of tax with respect to such business is equal to the value of
the flour, pearl barley, oil, canola meal, or canola by-product
manufactured, multiplied by the rate of 0.138 percent;
(b) Beginning July 1, 2015, seafood products that remain in a raw,
raw frozen, or raw salted state at the completion of the manufacturing
by that person; or selling manufactured seafood products that remain in
a raw, raw frozen, or raw salted state at the completion of the
manufacturing, to purchasers who transport in the ordinary course of
business the goods out of this state; as to such persons the amount of
tax with respect to such business is equal to the value of the products
manufactured or the gross proceeds derived from such sales, multiplied
by the rate of 0.138 percent. Sellers must keep and preserve records
for the period required by RCW 82.32.070 establishing that the goods
were transported by the purchaser in the ordinary course of business
out of this state;
(c)(i) Beginning July 1, 2015, dairy products; or selling dairy
products that the person has manufactured to purchasers who either
transport in the ordinary course of business the goods out of state or
purchasers who use such dairy products as an ingredient or component in
the manufacturing of a dairy product; as to such persons the tax
imposed is equal to the value of the products manufactured or the gross
proceeds derived from such sales multiplied by the rate of 0.138
percent. Sellers must keep and preserve records for the period
required by RCW 82.32.070 establishing that the goods were transported
by the purchaser in the ordinary course of business out of this state
or sold to a manufacturer for use as an ingredient or component in the
manufacturing of a dairy product.
(ii) For the purposes of this subsection (1)(c), "dairy products"
means:
(A) Products that as of September 20, 2001, are identified in 21
C.F.R., chapter 1, parts 131, 133, and 135, including by-products from
the manufacturing of the dairy products, such as whey and casein; and
(B) Products comprised of not less than seventy percent dairy
products that qualify under (c)(ii)(A) of this subsection, measured by
weight or volume.
(iii) The preferential tax rate provided to taxpayers under this
subsection (1)(c) does not apply to sales of dairy products on or after
July 1, 2023, where a dairy product is used by the purchaser as an
ingredient or component in the manufacturing in Washington of a dairy
product;
(d) Beginning July 1, 2015, fruits or vegetables by canning,
preserving, freezing, processing, or dehydrating fresh fruits or
vegetables, or selling at wholesale fruits or vegetables manufactured
by the seller by canning, preserving, freezing, processing, or
dehydrating fresh fruits or vegetables and sold to purchasers who
transport in the ordinary course of business the goods out of this
state; as to such persons the amount of tax with respect to such
business is equal to the value of the products manufactured or the
gross proceeds derived from such sales multiplied by the rate of 0.138
percent. Sellers must keep and preserve records for the period
required by RCW 82.32.070 establishing that the goods were transported
by the purchaser in the ordinary course of business out of this state;
(e) Until July 1, 2009, alcohol fuel, biodiesel fuel, or biodiesel
feedstock, as those terms are defined in RCW 82.29A.135; as to such
persons the amount of tax with respect to the business is equal to the
value of alcohol fuel, biodiesel fuel, or biodiesel feedstock
manufactured, multiplied by the rate of 0.138 percent; and
(f) Wood biomass fuel as defined in RCW 82.29A.135; as to such
persons the amount of tax with respect to the business is equal to the
value of wood biomass fuel manufactured, multiplied by the rate of
0.138 percent.
(2) Upon every person engaging within this state in the business of
splitting or processing dried peas; as to such persons the amount of
tax with respect to such business is equal to the value of the peas
split or processed, multiplied by the rate of 0.138 percent.
(3) Upon every nonprofit corporation and nonprofit association
engaging within this state in research and development, as to such
corporations and associations, the amount of tax with respect to such
activities is equal to the gross income derived from such activities
multiplied by the rate of 0.484 percent.
(4) Upon every person engaging within this state in the business of
slaughtering, breaking and/or processing perishable meat products
and/or selling the same at wholesale only and not at retail; as to such
persons the tax imposed is equal to the gross proceeds derived from
such sales multiplied by the rate of 0.138 percent.
(5) Upon every person engaging within this state in the business of
acting as a travel agent or tour operator; as to such persons the
amount of the tax with respect to such activities is equal to the gross
income derived from such activities multiplied by the rate of 0.275
percent.
(6) Upon every person engaging within this state in business as an
international steamship agent, international customs house broker,
international freight forwarder, vessel and/or cargo charter broker in
foreign commerce, and/or international air cargo agent; as to such
persons the amount of the tax with respect to only international
activities is equal to the gross income derived from such activities
multiplied by the rate of 0.275 percent.
(7) Upon every person engaging within this state in the business of
stevedoring and associated activities pertinent to the movement of
goods and commodities in waterborne interstate or foreign commerce; as
to such persons the amount of tax with respect to such business is
equal to the gross proceeds derived from such activities multiplied by
the rate of 0.275 percent. Persons subject to taxation under this
subsection are exempt from payment of taxes imposed by chapter 82.16
RCW for that portion of their business subject to taxation under this
subsection. Stevedoring and associated activities pertinent to the
conduct of goods and commodities in waterborne interstate or foreign
commerce are defined as all activities of a labor, service or
transportation nature whereby cargo may be loaded or unloaded to or
from vessels or barges, passing over, onto or under a wharf, pier, or
similar structure; cargo may be moved to a warehouse or similar holding
or storage yard or area to await further movement in import or export
or may move to a consolidation freight station and be stuffed,
unstuffed, containerized, separated or otherwise segregated or
aggregated for delivery or loaded on any mode of transportation for
delivery to its consignee. Specific activities included in this
definition are: Wharfage, handling, loading, unloading, moving of
cargo to a convenient place of delivery to the consignee or a
convenient place for further movement to export mode; documentation
services in connection with the receipt, delivery, checking, care,
custody and control of cargo required in the transfer of cargo;
imported automobile handling prior to delivery to consignee; terminal
stevedoring and incidental vessel services, including but not limited
to plugging and unplugging refrigerator service to containers,
trailers, and other refrigerated cargo receptacles, and securing ship
hatch covers.
(8)(a) Upon every person engaging within this state in the business
of disposing of low-level waste, as defined in RCW 43.145.010; as to
such persons the amount of the tax with respect to such business is
equal to the gross income of the business, excluding any fees imposed
under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.
(b) If the gross income of the taxpayer is attributable to
activities both within and without this state, the gross income
attributable to this state must be determined in accordance with the
methods of apportionment required under RCW 82.04.460.
(9) Upon every person engaging within this state as an insurance
producer or title insurance agent licensed under chapter 48.17 RCW or
a surplus line broker licensed under chapter 48.15 RCW; as to such
persons, the amount of the tax with respect to such licensed activities
is equal to the gross income of such business multiplied by the rate of
0.484 percent.
(10) Upon every person engaging within this state in business as a
hospital, as defined in chapter 70.41 RCW, that is operated as a
nonprofit corporation or by the state or any of its political
subdivisions, as to such persons, the amount of tax with respect to
such activities is equal to the gross income of the business multiplied
by the rate of 0.75 percent through June 30, 1995, and 1.5 percent
thereafter.
(11)(a) Beginning October 1, 2005, upon every person engaging
within this state in the business of manufacturing commercial
((airplanes)) aircraft, or components of such ((airplanes)) aircraft,
or making sales, at retail or wholesale, of commercial ((airplanes))
aircraft or components of such ((airplanes)) aircraft, manufactured by
the seller, as to such persons the amount of tax with respect to such
business is, in the case of manufacturers, equal to the value of the
product manufactured and the gross proceeds of sales of the product
manufactured, or in the case of processors for hire, equal to the gross
income of the business, multiplied by the rate of:
(i) 0.4235 percent from October 1, 2005, through June 30, 2007; and
(ii) 0.2904 percent beginning July 1, 2007.
(b) Beginning July 1, 2008, upon every person who is not eligible
to report under the provisions of (a) of this subsection (11) and is
engaging within this state in the business of manufacturing tooling
specifically designed for use in manufacturing commercial ((airplanes))
aircraft or components of such ((airplanes)) aircraft, or making sales,
at retail or wholesale, of such tooling manufactured by the seller, as
to such persons the amount of tax with respect to such business is, in
the case of manufacturers, equal to the value of the product
manufactured and the gross proceeds of sales of the product
manufactured, or in the case of processors for hire, be equal to the
gross income of the business, multiplied by the rate of 0.2904 percent.
(c) For the purposes of this subsection (11), "commercial
((airplane)) aircraft" and "component" have the same meanings as
provided in RCW 82.32.550.
(d) In addition to all other requirements under this title, a
person reporting under the tax rate provided in this subsection (11)
must file a complete annual report with the department under RCW
82.32.534.
(e) This subsection (11) does not apply on and after July 1, 2024.
(12)(a) Until July 1, 2024, upon every person engaging within this
state in the business of extracting timber or extracting for hire
timber; as to such persons the amount of tax with respect to the
business is, in the case of extractors, equal to the value of products,
including by-products, extracted, or in the case of extractors for
hire, equal to the gross income of the business, multiplied by the rate
of 0.4235 percent from July 1, 2006, through June 30, 2007, and 0.2904
percent from July 1, 2007, through June 30, 2024.
(b) Until July 1, 2024, upon every person engaging within this
state in the business of manufacturing or processing for hire: (i)
Timber into timber products or wood products; or (ii) timber products
into other timber products or wood products; as to such persons the
amount of the tax with respect to the business is, in the case of
manufacturers, equal to the value of products, including by-products,
manufactured, or in the case of processors for hire, equal to the gross
income of the business, multiplied by the rate of 0.4235 percent from
July 1, 2006, through June 30, 2007, and 0.2904 percent from July 1,
2007, through June 30, 2024.
(c) Until July 1, 2024, upon every person engaging within this
state in the business of selling at wholesale: (i) Timber extracted by
that person; (ii) timber products manufactured by that person from
timber or other timber products; or (iii) wood products manufactured by
that person from timber or timber products; as to such persons the
amount of the tax with respect to the business is equal to the gross
proceeds of sales of the timber, timber products, or wood products
multiplied by the rate of 0.4235 percent from July 1, 2006, through
June 30, 2007, and 0.2904 percent from July 1, 2007, through June 30,
2024.
(d) Until July 1, 2024, upon every person engaging within this
state in the business of selling standing timber; as to such persons
the amount of the tax with respect to the business is equal to the
gross income of the business multiplied by the rate of 0.2904 percent.
For purposes of this subsection (12)(d), "selling standing timber"
means the sale of timber apart from the land, where the buyer is
required to sever the timber within thirty months from the date of the
original contract, regardless of the method of payment for the timber
and whether title to the timber transfers before, upon, or after
severance.
(e) For purposes of this subsection, the following definitions
apply:
(i) "Biocomposite surface products" means surface material products
containing, by weight or volume, more than fifty percent recycled paper
and that also use nonpetroleum-based phenolic resin as a bonding agent.
(ii) "Paper and paper products" means products made of interwoven
cellulosic fibers held together largely by hydrogen bonding. "Paper
and paper products" includes newsprint; office, printing, fine, and
pressure-sensitive papers; paper napkins, towels, and toilet tissue;
kraft bag, construction, and other kraft industrial papers; paperboard,
liquid packaging containers, containerboard, corrugated, and solid-fiber containers including linerboard and corrugated medium; and
related types of cellulosic products containing primarily, by weight or
volume, cellulosic materials. "Paper and paper products" does not
include books, newspapers, magazines, periodicals, and other printed
publications, advertising materials, calendars, and similar types of
printed materials.
(iii) "Recycled paper" means paper and paper products having fifty
percent or more of their fiber content that comes from postconsumer
waste. For purposes of this subsection (12)(e)(iii), "postconsumer
waste" means a finished material that would normally be disposed of as
solid waste, having completed its life cycle as a consumer item.
(iv) "Timber" means forest trees, standing or down, on privately or
publicly owned land. "Timber" does not include Christmas trees that
are cultivated by agricultural methods or short-rotation hardwoods as
defined in RCW 84.33.035.
(v) "Timber products" means:
(A) Logs, wood chips, sawdust, wood waste, and similar products
obtained wholly from the processing of timber, short-rotation hardwoods
as defined in RCW 84.33.035, or both;
(B) Pulp, including market pulp and pulp derived from recovered
paper or paper products; and
(C) Recycled paper, but only when used in the manufacture of
biocomposite surface products.
(vi) "Wood products" means paper and paper products; dimensional
lumber; engineered wood products such as particleboard, oriented strand
board, medium density fiberboard, and plywood; wood doors; wood
windows; and biocomposite surface products.
(f) Except for small harvesters as defined in RCW 84.33.035, a
person reporting under the tax rate provided in this subsection (12)
must file a complete annual survey with the department under RCW
82.32.585.
(13) Upon every person engaging within this state in inspecting,
testing, labeling, and storing canned salmon owned by another person,
as to such persons, the amount of tax with respect to such activities
is equal to the gross income derived from such activities multiplied by
the rate of 0.484 percent.
(14)(a) Upon every person engaging within this state in the
business of printing a newspaper, publishing a newspaper, or both, the
amount of tax on such business is equal to the gross income of the
business multiplied by the rate of 0.365 percent through June 30, 2013,
and beginning July 1, 2013, multiplied by the rate of 0.35 percent.
(b) A person reporting under the tax rate provided in this
subsection (14) must file a complete annual report with the department
under RCW 82.32.534.
Sec. 4 RCW 82.04.260 and 2013 2nd sp.s. c 13 s 203 are each
amended to read as follows:
(1) Upon every person engaging within this state in the business of
manufacturing:
(a) Wheat into flour, barley into pearl barley, soybeans into
soybean oil, canola into canola oil, canola meal, or canola by-products, or sunflower seeds into sunflower oil; as to such persons the
amount of tax with respect to such business is equal to the value of
the flour, pearl barley, oil, canola meal, or canola by-product
manufactured, multiplied by the rate of 0.138 percent;
(b) Beginning July 1, 2015, seafood products that remain in a raw,
raw frozen, or raw salted state at the completion of the manufacturing
by that person; or selling manufactured seafood products that remain in
a raw, raw frozen, or raw salted state at the completion of the
manufacturing, to purchasers who transport in the ordinary course of
business the goods out of this state; as to such persons the amount of
tax with respect to such business is equal to the value of the products
manufactured or the gross proceeds derived from such sales, multiplied
by the rate of 0.138 percent. Sellers must keep and preserve records
for the period required by RCW 82.32.070 establishing that the goods
were transported by the purchaser in the ordinary course of business
out of this state;
(c)(i) Beginning July 1, 2015, dairy products; or selling dairy
products that the person has manufactured to purchasers who either
transport in the ordinary course of business the goods out of state or
purchasers who use such dairy products as an ingredient or component in
the manufacturing of a dairy product; as to such persons the tax
imposed is equal to the value of the products manufactured or the gross
proceeds derived from such sales multiplied by the rate of 0.138
percent. Sellers must keep and preserve records for the period
required by RCW 82.32.070 establishing that the goods were transported
by the purchaser in the ordinary course of business out of this state
or sold to a manufacturer for use as an ingredient or component in the
manufacturing of a dairy product.
(ii) For the purposes of this subsection (1)(c), "dairy products"
means:
(A) Products that as of September 20, 2001, are identified in 21
C.F.R., chapter 1, parts 131, 133, and 135, including by-products from
the manufacturing of the dairy products, such as whey and casein; and
(B) Products comprised of not less than seventy percent dairy
products that qualify under (c)(ii)(A) of this subsection, measured by
weight or volume.
(iii) The preferential tax rate provided to taxpayers under this
subsection (1)(c) does not apply to sales of dairy products on or after
July 1, 2023, where a dairy product is used by the purchaser as an
ingredient or component in the manufacturing in Washington of a dairy
product;
(d) Beginning July 1, 2015, fruits or vegetables by canning,
preserving, freezing, processing, or dehydrating fresh fruits or
vegetables, or selling at wholesale fruits or vegetables manufactured
by the seller by canning, preserving, freezing, processing, or
dehydrating fresh fruits or vegetables and sold to purchasers who
transport in the ordinary course of business the goods out of this
state; as to such persons the amount of tax with respect to such
business is equal to the value of the products manufactured or the
gross proceeds derived from such sales multiplied by the rate of 0.138
percent. Sellers must keep and preserve records for the period
required by RCW 82.32.070 establishing that the goods were transported
by the purchaser in the ordinary course of business out of this state;
(e) Until July 1, 2009, alcohol fuel, biodiesel fuel, or biodiesel
feedstock, as those terms are defined in RCW 82.29A.135; as to such
persons the amount of tax with respect to the business is equal to the
value of alcohol fuel, biodiesel fuel, or biodiesel feedstock
manufactured, multiplied by the rate of 0.138 percent; and
(f) Wood biomass fuel as defined in RCW 82.29A.135; as to such
persons the amount of tax with respect to the business is equal to the
value of wood biomass fuel manufactured, multiplied by the rate of
0.138 percent.
(2) Upon every person engaging within this state in the business of
splitting or processing dried peas; as to such persons the amount of
tax with respect to such business is equal to the value of the peas
split or processed, multiplied by the rate of 0.138 percent.
(3) Upon every nonprofit corporation and nonprofit association
engaging within this state in research and development, as to such
corporations and associations, the amount of tax with respect to such
activities is equal to the gross income derived from such activities
multiplied by the rate of 0.484 percent.
(4) Upon every person engaging within this state in the business of
slaughtering, breaking and/or processing perishable meat products
and/or selling the same at wholesale only and not at retail; as to such
persons the tax imposed is equal to the gross proceeds derived from
such sales multiplied by the rate of 0.138 percent.
(5) Upon every person engaging within this state in the business of
acting as a travel agent or tour operator; as to such persons the
amount of the tax with respect to such activities is equal to the gross
income derived from such activities multiplied by the rate of 0.275
percent.
(6) Upon every person engaging within this state in business as an
international steamship agent, international customs house broker,
international freight forwarder, vessel and/or cargo charter broker in
foreign commerce, and/or international air cargo agent; as to such
persons the amount of the tax with respect to only international
activities is equal to the gross income derived from such activities
multiplied by the rate of 0.275 percent.
(7) Upon every person engaging within this state in the business of
stevedoring and associated activities pertinent to the movement of
goods and commodities in waterborne interstate or foreign commerce; as
to such persons the amount of tax with respect to such business is
equal to the gross proceeds derived from such activities multiplied by
the rate of 0.275 percent. Persons subject to taxation under this
subsection are exempt from payment of taxes imposed by chapter 82.16
RCW for that portion of their business subject to taxation under this
subsection. Stevedoring and associated activities pertinent to the
conduct of goods and commodities in waterborne interstate or foreign
commerce are defined as all activities of a labor, service or
transportation nature whereby cargo may be loaded or unloaded to or
from vessels or barges, passing over, onto or under a wharf, pier, or
similar structure; cargo may be moved to a warehouse or similar holding
or storage yard or area to await further movement in import or export
or may move to a consolidation freight station and be stuffed,
unstuffed, containerized, separated or otherwise segregated or
aggregated for delivery or loaded on any mode of transportation for
delivery to its consignee. Specific activities included in this
definition are: Wharfage, handling, loading, unloading, moving of
cargo to a convenient place of delivery to the consignee or a
convenient place for further movement to export mode; documentation
services in connection with the receipt, delivery, checking, care,
custody and control of cargo required in the transfer of cargo;
imported automobile handling prior to delivery to consignee; terminal
stevedoring and incidental vessel services, including but not limited
to plugging and unplugging refrigerator service to containers,
trailers, and other refrigerated cargo receptacles, and securing ship
hatch covers.
(8)(a) Upon every person engaging within this state in the business
of disposing of low-level waste, as defined in RCW 43.145.010; as to
such persons the amount of the tax with respect to such business is
equal to the gross income of the business, excluding any fees imposed
under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.
(b) If the gross income of the taxpayer is attributable to
activities both within and without this state, the gross income
attributable to this state must be determined in accordance with the
methods of apportionment required under RCW 82.04.460.
(9) Upon every person engaging within this state as an insurance
producer or title insurance agent licensed under chapter 48.17 RCW or
a surplus line broker licensed under chapter 48.15 RCW; as to such
persons, the amount of the tax with respect to such licensed activities
is equal to the gross income of such business multiplied by the rate of
0.484 percent.
(10) Upon every person engaging within this state in business as a
hospital, as defined in chapter 70.41 RCW, that is operated as a
nonprofit corporation or by the state or any of its political
subdivisions, as to such persons, the amount of tax with respect to
such activities is equal to the gross income of the business multiplied
by the rate of 0.75 percent through June 30, 1995, and 1.5 percent
thereafter.
(11)(a) Beginning October 1, 2005, upon every person engaging
within this state in the business of manufacturing commercial
((airplanes)) aircraft, or components of such ((airplanes)) aircraft,
or making sales, at retail or wholesale, of commercial ((airplanes))
aircraft or components of such ((airplanes)) aircraft, manufactured by
the seller, as to such persons the amount of tax with respect to such
business is, in the case of manufacturers, equal to the value of the
product manufactured and the gross proceeds of sales of the product
manufactured, or in the case of processors for hire, equal to the gross
income of the business, multiplied by the rate of:
(i) 0.4235 percent from October 1, 2005, through June 30, 2007; and
(ii) 0.2904 percent beginning July 1, 2007.
(b) Beginning July 1, 2008, upon every person who is not eligible
to report under the provisions of (a) of this subsection (11) and is
engaging within this state in the business of manufacturing tooling
specifically designed for use in manufacturing commercial ((airplanes))
aircraft or components of such ((airplanes)) aircraft, or making sales,
at retail or wholesale, of such tooling manufactured by the seller, as
to such persons the amount of tax with respect to such business is, in
the case of manufacturers, equal to the value of the product
manufactured and the gross proceeds of sales of the product
manufactured, or in the case of processors for hire, be equal to the
gross income of the business, multiplied by the rate of 0.2904 percent.
(c) For the purposes of this subsection (11), "commercial
((airplane)) aircraft" and "component" have the same meanings as
provided in RCW 82.32.550.
(d) In addition to all other requirements under this title, a
person reporting under the tax rate provided in this subsection (11)
must file a complete annual report with the department under RCW
82.32.534.
(e) This subsection (11) does not apply on and after July 1, 2024.
(12)(a) Until July 1, 2024, upon every person engaging within this
state in the business of extracting timber or extracting for hire
timber; as to such persons the amount of tax with respect to the
business is, in the case of extractors, equal to the value of products,
including by-products, extracted, or in the case of extractors for
hire, equal to the gross income of the business, multiplied by the rate
of 0.4235 percent from July 1, 2006, through June 30, 2007, and 0.2904
percent from July 1, 2007, through June 30, 2024.
(b) Until July 1, 2024, upon every person engaging within this
state in the business of manufacturing or processing for hire: (i)
Timber into timber products or wood products; or (ii) timber products
into other timber products or wood products; as to such persons the
amount of the tax with respect to the business is, in the case of
manufacturers, equal to the value of products, including by-products,
manufactured, or in the case of processors for hire, equal to the gross
income of the business, multiplied by the rate of 0.4235 percent from
July 1, 2006, through June 30, 2007, and 0.2904 percent from July 1,
2007, through June 30, 2024.
(c) Until July 1, 2024, upon every person engaging within this
state in the business of selling at wholesale: (i) Timber extracted by
that person; (ii) timber products manufactured by that person from
timber or other timber products; or (iii) wood products manufactured by
that person from timber or timber products; as to such persons the
amount of the tax with respect to the business is equal to the gross
proceeds of sales of the timber, timber products, or wood products
multiplied by the rate of 0.4235 percent from July 1, 2006, through
June 30, 2007, and 0.2904 percent from July 1, 2007, through June 30,
2024.
(d) Until July 1, 2024, upon every person engaging within this
state in the business of selling standing timber; as to such persons
the amount of the tax with respect to the business is equal to the
gross income of the business multiplied by the rate of 0.2904 percent.
For purposes of this subsection (12)(d), "selling standing timber"
means the sale of timber apart from the land, where the buyer is
required to sever the timber within thirty months from the date of the
original contract, regardless of the method of payment for the timber
and whether title to the timber transfers before, upon, or after
severance.
(e) For purposes of this subsection, the following definitions
apply:
(i) "Biocomposite surface products" means surface material products
containing, by weight or volume, more than fifty percent recycled paper
and that also use nonpetroleum-based phenolic resin as a bonding agent.
(ii) "Paper and paper products" means products made of interwoven
cellulosic fibers held together largely by hydrogen bonding. "Paper
and paper products" includes newsprint; office, printing, fine, and
pressure-sensitive papers; paper napkins, towels, and toilet tissue;
kraft bag, construction, and other kraft industrial papers; paperboard,
liquid packaging containers, containerboard, corrugated, and solid-fiber containers including linerboard and corrugated medium; and
related types of cellulosic products containing primarily, by weight or
volume, cellulosic materials. "Paper and paper products" does not
include books, newspapers, magazines, periodicals, and other printed
publications, advertising materials, calendars, and similar types of
printed materials.
(iii) "Recycled paper" means paper and paper products having fifty
percent or more of their fiber content that comes from postconsumer
waste. For purposes of this subsection (12)(e)(iii), "postconsumer
waste" means a finished material that would normally be disposed of as
solid waste, having completed its life cycle as a consumer item.
(iv) "Timber" means forest trees, standing or down, on privately or
publicly owned land. "Timber" does not include Christmas trees that
are cultivated by agricultural methods or short-rotation hardwoods as
defined in RCW 84.33.035.
(v) "Timber products" means:
(A) Logs, wood chips, sawdust, wood waste, and similar products
obtained wholly from the processing of timber, short-rotation hardwoods
as defined in RCW 84.33.035, or both;
(B) Pulp, including market pulp and pulp derived from recovered
paper or paper products; and
(C) Recycled paper, but only when used in the manufacture of
biocomposite surface products.
(vi) "Wood products" means paper and paper products; dimensional
lumber; engineered wood products such as particleboard, oriented strand
board, medium density fiberboard, and plywood; wood doors; wood
windows; and biocomposite surface products.
(f) Except for small harvesters as defined in RCW 84.33.035, a
person reporting under the tax rate provided in this subsection (12)
must file a complete annual survey with the department under RCW
82.32.585.
(13) Upon every person engaging within this state in inspecting,
testing, labeling, and storing canned salmon owned by another person,
as to such persons, the amount of tax with respect to such activities
is equal to the gross income derived from such activities multiplied by
the rate of 0.484 percent.
(14)(a) Upon every person engaging within this state in the
business of printing a newspaper, publishing a newspaper, or both, the
amount of tax on such business is equal to the gross income of the
business multiplied by the rate of 0.2904 percent.
(b) A person reporting under the tax rate provided in this
subsection (14) must file a complete annual report with the department
under RCW 82.32.534.
Sec. 5 RCW 82.04.260 and 2013 3rd sp.s. c 2 s 5 are each amended
to read as follows:
(1) Upon every person engaging within this state in the business of
manufacturing:
(a) Wheat into flour, barley into pearl barley, soybeans into
soybean oil, canola into canola oil, canola meal, or canola by-products, or sunflower seeds into sunflower oil; as to such persons the
amount of tax with respect to such business is equal to the value of
the flour, pearl barley, oil, canola meal, or canola by-product
manufactured, multiplied by the rate of 0.138 percent;
(b) Beginning July 1, 2015, seafood products that remain in a raw,
raw frozen, or raw salted state at the completion of the manufacturing
by that person; or selling manufactured seafood products that remain in
a raw, raw frozen, or raw salted state at the completion of the
manufacturing, to purchasers who transport in the ordinary course of
business the goods out of this state; as to such persons the amount of
tax with respect to such business is equal to the value of the products
manufactured or the gross proceeds derived from such sales, multiplied
by the rate of 0.138 percent. Sellers must keep and preserve records
for the period required by RCW 82.32.070 establishing that the goods
were transported by the purchaser in the ordinary course of business
out of this state;
(c)(i) Beginning July 1, 2015, dairy products; or selling dairy
products that the person has manufactured to purchasers who either
transport in the ordinary course of business the goods out of state or
purchasers who use such dairy products as an ingredient or component in
the manufacturing of a dairy product; as to such persons the tax
imposed is equal to the value of the products manufactured or the gross
proceeds derived from such sales multiplied by the rate of 0.138
percent. Sellers must keep and preserve records for the period
required by RCW 82.32.070 establishing that the goods were transported
by the purchaser in the ordinary course of business out of this state
or sold to a manufacturer for use as an ingredient or component in the
manufacturing of a dairy product.
(ii) For the purposes of this subsection (1)(c), "dairy products"
means:
(A) Products that as of September 20, 2001, are identified in 21
C.F.R., chapter 1, parts 131, 133, and 135, including by-products from
the manufacturing of the dairy products, such as whey and casein; and
(B) Products comprised of not less than seventy percent dairy
products that qualify under (c)(ii)(A) of this subsection, measured by
weight or volume.
(iii) The preferential tax rate provided to taxpayers under this
subsection (1)(c) does not apply to sales of dairy products on or after
July 1, 2023, where a dairy product is used by the purchaser as an
ingredient or component in the manufacturing in Washington of a dairy
product;
(d) Beginning July 1, 2015, fruits or vegetables by canning,
preserving, freezing, processing, or dehydrating fresh fruits or
vegetables, or selling at wholesale fruits or vegetables manufactured
by the seller by canning, preserving, freezing, processing, or
dehydrating fresh fruits or vegetables and sold to purchasers who
transport in the ordinary course of business the goods out of this
state; as to such persons the amount of tax with respect to such
business is equal to the value of the products manufactured or the
gross proceeds derived from such sales multiplied by the rate of 0.138
percent. Sellers must keep and preserve records for the period
required by RCW 82.32.070 establishing that the goods were transported
by the purchaser in the ordinary course of business out of this state;
(e) Until July 1, 2009, alcohol fuel, biodiesel fuel, or biodiesel
feedstock, as those terms are defined in RCW 82.29A.135; as to such
persons the amount of tax with respect to the business is equal to the
value of alcohol fuel, biodiesel fuel, or biodiesel feedstock
manufactured, multiplied by the rate of 0.138 percent; and
(f) Wood biomass fuel as defined in RCW 82.29A.135; as to such
persons the amount of tax with respect to the business is equal to the
value of wood biomass fuel manufactured, multiplied by the rate of
0.138 percent.
(2) Upon every person engaging within this state in the business of
splitting or processing dried peas; as to such persons the amount of
tax with respect to such business is equal to the value of the peas
split or processed, multiplied by the rate of 0.138 percent.
(3) Upon every nonprofit corporation and nonprofit association
engaging within this state in research and development, as to such
corporations and associations, the amount of tax with respect to such
activities is equal to the gross income derived from such activities
multiplied by the rate of 0.484 percent.
(4) Upon every person engaging within this state in the business of
slaughtering, breaking and/or processing perishable meat products
and/or selling the same at wholesale only and not at retail; as to such
persons the tax imposed is equal to the gross proceeds derived from
such sales multiplied by the rate of 0.138 percent.
(5) Upon every person engaging within this state in the business of
acting as a travel agent or tour operator; as to such persons the
amount of the tax with respect to such activities is equal to the gross
income derived from such activities multiplied by the rate of 0.275
percent.
(6) Upon every person engaging within this state in business as an
international steamship agent, international customs house broker,
international freight forwarder, vessel and/or cargo charter broker in
foreign commerce, and/or international air cargo agent; as to such
persons the amount of the tax with respect to only international
activities is equal to the gross income derived from such activities
multiplied by the rate of 0.275 percent.
(7) Upon every person engaging within this state in the business of
stevedoring and associated activities pertinent to the movement of
goods and commodities in waterborne interstate or foreign commerce; as
to such persons the amount of tax with respect to such business is
equal to the gross proceeds derived from such activities multiplied by
the rate of 0.275 percent. Persons subject to taxation under this
subsection are exempt from payment of taxes imposed by chapter 82.16
RCW for that portion of their business subject to taxation under this
subsection. Stevedoring and associated activities pertinent to the
conduct of goods and commodities in waterborne interstate or foreign
commerce are defined as all activities of a labor, service or
transportation nature whereby cargo may be loaded or unloaded to or
from vessels or barges, passing over, onto or under a wharf, pier, or
similar structure; cargo may be moved to a warehouse or similar holding
or storage yard or area to await further movement in import or export
or may move to a consolidation freight station and be stuffed,
unstuffed, containerized, separated or otherwise segregated or
aggregated for delivery or loaded on any mode of transportation for
delivery to its consignee. Specific activities included in this
definition are: Wharfage, handling, loading, unloading, moving of
cargo to a convenient place of delivery to the consignee or a
convenient place for further movement to export mode; documentation
services in connection with the receipt, delivery, checking, care,
custody and control of cargo required in the transfer of cargo;
imported automobile handling prior to delivery to consignee; terminal
stevedoring and incidental vessel services, including but not limited
to plugging and unplugging refrigerator service to containers,
trailers, and other refrigerated cargo receptacles, and securing ship
hatch covers.
(8)(a) Upon every person engaging within this state in the business
of disposing of low-level waste, as defined in RCW 43.145.010; as to
such persons the amount of the tax with respect to such business is
equal to the gross income of the business, excluding any fees imposed
under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.
(b) If the gross income of the taxpayer is attributable to
activities both within and without this state, the gross income
attributable to this state must be determined in accordance with the
methods of apportionment required under RCW 82.04.460.
(9) Upon every person engaging within this state as an insurance
producer or title insurance agent licensed under chapter 48.17 RCW or
a surplus line broker licensed under chapter 48.15 RCW; as to such
persons, the amount of the tax with respect to such licensed activities
is equal to the gross income of such business multiplied by the rate of
0.484 percent.
(10) Upon every person engaging within this state in business as a
hospital, as defined in chapter 70.41 RCW, that is operated as a
nonprofit corporation or by the state or any of its political
subdivisions, as to such persons, the amount of tax with respect to
such activities is equal to the gross income of the business multiplied
by the rate of 0.75 percent through June 30, 1995, and 1.5 percent
thereafter.
(11)(a) Beginning October 1, 2005, upon every person engaging
within this state in the business of manufacturing commercial
((airplanes)) aircraft, or components of such ((airplanes)) aircraft,
or making sales, at retail or wholesale, of commercial ((airplanes))
aircraft or components of such ((airplanes)) aircraft, manufactured by
the seller, as to such persons the amount of tax with respect to such
business is, in the case of manufacturers, equal to the value of the
product manufactured and the gross proceeds of sales of the product
manufactured, or in the case of processors for hire, equal to the gross
income of the business, multiplied by the rate of:
(i) 0.4235 percent from October 1, 2005, through June 30, 2007; and
(ii) 0.2904 percent beginning July 1, 2007.
(b) Beginning July 1, 2008, upon every person who is not eligible
to report under the provisions of (a) of this subsection (11) and is
engaging within this state in the business of manufacturing tooling
specifically designed for use in manufacturing commercial ((airplanes))
aircraft or components of such ((airplanes)) aircraft, or making sales,
at retail or wholesale, of such tooling manufactured by the seller, as
to such persons the amount of tax with respect to such business is, in
the case of manufacturers, equal to the value of the product
manufactured and the gross proceeds of sales of the product
manufactured, or in the case of processors for hire, be equal to the
gross income of the business, multiplied by the rate of 0.2904 percent.
(c) For the purposes of this subsection (11), "commercial
((airplane)) aircraft" and "component" have the same meanings as
provided in RCW 82.32.550.
(d) In addition to all other requirements under this title, a
person reporting under the tax rate provided in this subsection (11)
must file a complete annual report with the department under RCW
82.32.534.
(e)(i) Except as provided in (e)(ii) of this subsection (11), this
subsection (11) does not apply on and after July 1, 2040.
(ii) With respect to the manufacturing of commercial ((airplanes))
aircraft or making sales, at retail or wholesale, of commercial
((airplanes)) aircraft, this subsection (11) does not apply on and
after July 1st of the year in which the department makes a
determination that any final assembly or wing assembly of any version
or variant of a commercial ((airplane)) aircraft that is the basis of
a siting of a significant commercial airplane manufacturing program in
the state under RCW 82.32.850 has been sited outside the state of
Washington. This subsection (11)(e)(ii) only applies to the
manufacturing or sale of commercial ((airplanes)) aircraft that are the
basis of a siting of a significant commercial airplane manufacturing
program in the state under RCW 82.32.850.
(12)(a) Until July 1, 2024, upon every person engaging within this
state in the business of extracting timber or extracting for hire
timber; as to such persons the amount of tax with respect to the
business is, in the case of extractors, equal to the value of products,
including by-products, extracted, or in the case of extractors for
hire, equal to the gross income of the business, multiplied by the rate
of 0.4235 percent from July 1, 2006, through June 30, 2007, and 0.2904
percent from July 1, 2007, through June 30, 2024.
(b) Until July 1, 2024, upon every person engaging within this
state in the business of manufacturing or processing for hire: (i)
Timber into timber products or wood products; or (ii) timber products
into other timber products or wood products; as to such persons the
amount of the tax with respect to the business is, in the case of
manufacturers, equal to the value of products, including by-products,
manufactured, or in the case of processors for hire, equal to the gross
income of the business, multiplied by the rate of 0.4235 percent from
July 1, 2006, through June 30, 2007, and 0.2904 percent from July 1,
2007, through June 30, 2024.
(c) Until July 1, 2024, upon every person engaging within this
state in the business of selling at wholesale: (i) Timber extracted by
that person; (ii) timber products manufactured by that person from
timber or other timber products; or (iii) wood products manufactured by
that person from timber or timber products; as to such persons the
amount of the tax with respect to the business is equal to the gross
proceeds of sales of the timber, timber products, or wood products
multiplied by the rate of 0.4235 percent from July 1, 2006, through
June 30, 2007, and 0.2904 percent from July 1, 2007, through June 30,
2024.
(d) Until July 1, 2024, upon every person engaging within this
state in the business of selling standing timber; as to such persons
the amount of the tax with respect to the business is equal to the
gross income of the business multiplied by the rate of 0.2904 percent.
For purposes of this subsection (12)(d), "selling standing timber"
means the sale of timber apart from the land, where the buyer is
required to sever the timber within thirty months from the date of the
original contract, regardless of the method of payment for the timber
and whether title to the timber transfers before, upon, or after
severance.
(e) For purposes of this subsection, the following definitions
apply:
(i) "Biocomposite surface products" means surface material products
containing, by weight or volume, more than fifty percent recycled paper
and that also use nonpetroleum-based phenolic resin as a bonding agent.
(ii) "Paper and paper products" means products made of interwoven
cellulosic fibers held together largely by hydrogen bonding. "Paper
and paper products" includes newsprint; office, printing, fine, and
pressure-sensitive papers; paper napkins, towels, and toilet tissue;
kraft bag, construction, and other kraft industrial papers; paperboard,
liquid packaging containers, containerboard, corrugated, and solid-fiber containers including linerboard and corrugated medium; and
related types of cellulosic products containing primarily, by weight or
volume, cellulosic materials. "Paper and paper products" does not
include books, newspapers, magazines, periodicals, and other printed
publications, advertising materials, calendars, and similar types of
printed materials.
(iii) "Recycled paper" means paper and paper products having fifty
percent or more of their fiber content that comes from postconsumer
waste. For purposes of this subsection (12)(e)(iii), "postconsumer
waste" means a finished material that would normally be disposed of as
solid waste, having completed its life cycle as a consumer item.
(iv) "Timber" means forest trees, standing or down, on privately or
publicly owned land. "Timber" does not include Christmas trees that
are cultivated by agricultural methods or short-rotation hardwoods as
defined in RCW 84.33.035.
(v) "Timber products" means:
(A) Logs, wood chips, sawdust, wood waste, and similar products
obtained wholly from the processing of timber, short-rotation hardwoods
as defined in RCW 84.33.035, or both;
(B) Pulp, including market pulp and pulp derived from recovered
paper or paper products; and
(C) Recycled paper, but only when used in the manufacture of
biocomposite surface products.
(vi) "Wood products" means paper and paper products; dimensional
lumber; engineered wood products such as particleboard, oriented strand
board, medium density fiberboard, and plywood; wood doors; wood
windows; and biocomposite surface products.
(f) Except for small harvesters as defined in RCW 84.33.035, a
person reporting under the tax rate provided in this subsection (12)
must file a complete annual survey with the department under RCW
82.32.585.
(13) Upon every person engaging within this state in inspecting,
testing, labeling, and storing canned salmon owned by another person,
as to such persons, the amount of tax with respect to such activities
is equal to the gross income derived from such activities multiplied by
the rate of 0.484 percent.
(14)(a) Upon every person engaging within this state in the
business of printing a newspaper, publishing a newspaper, or both, the
amount of tax on such business is equal to the gross income of the
business multiplied by the rate of 0.365 percent through June 30, 2013,
and beginning July 1, 2013, multiplied by the rate of 0.35 percent.
(b) A person reporting under the tax rate provided in this
subsection (14) must file a complete annual report with the department
under RCW 82.32.534.
Sec. 6 RCW 82.04.260 and 2013 3rd sp.s. c 2 s 6 are each amended
to read as follows:
(1) Upon every person engaging within this state in the business of
manufacturing:
(a) Wheat into flour, barley into pearl barley, soybeans into
soybean oil, canola into canola oil, canola meal, or canola by-products, or sunflower seeds into sunflower oil; as to such persons the
amount of tax with respect to such business is equal to the value of
the flour, pearl barley, oil, canola meal, or canola by-product
manufactured, multiplied by the rate of 0.138 percent;
(b) Beginning July 1, 2015, seafood products that remain in a raw,
raw frozen, or raw salted state at the completion of the manufacturing
by that person; or selling manufactured seafood products that remain in
a raw, raw frozen, or raw salted state at the completion of the
manufacturing, to purchasers who transport in the ordinary course of
business the goods out of this state; as to such persons the amount of
tax with respect to such business is equal to the value of the products
manufactured or the gross proceeds derived from such sales, multiplied
by the rate of 0.138 percent. Sellers must keep and preserve records
for the period required by RCW 82.32.070 establishing that the goods
were transported by the purchaser in the ordinary course of business
out of this state;
(c)(i) Beginning July 1, 2015, dairy products; or selling dairy
products that the person has manufactured to purchasers who either
transport in the ordinary course of business the goods out of state or
purchasers who use such dairy products as an ingredient or component in
the manufacturing of a dairy product; as to such persons the tax
imposed is equal to the value of the products manufactured or the gross
proceeds derived from such sales multiplied by the rate of 0.138
percent. Sellers must keep and preserve records for the period
required by RCW 82.32.070 establishing that the goods were transported
by the purchaser in the ordinary course of business out of this state
or sold to a manufacturer for use as an ingredient or component in the
manufacturing of a dairy product.
(ii) For the purposes of this subsection (1)(c), "dairy products"
means:
(A) Products that as of September 20, 2001, are identified in 21
C.F.R., chapter 1, parts 131, 133, and 135, including by-products from
the manufacturing of the dairy products, such as whey and casein; and
(B) Products comprised of not less than seventy percent dairy
products that qualify under (c)(ii)(A) of this subsection, measured by
weight or volume.
(iii) The preferential tax rate provided to taxpayers under this
subsection (1)(c) does not apply to sales of dairy products on or after
July 1, 2023, where a dairy product is used by the purchaser as an
ingredient or component in the manufacturing in Washington of a dairy
product;
(d) Beginning July 1, 2015, fruits or vegetables by canning,
preserving, freezing, processing, or dehydrating fresh fruits or
vegetables, or selling at wholesale fruits or vegetables manufactured
by the seller by canning, preserving, freezing, processing, or
dehydrating fresh fruits or vegetables and sold to purchasers who
transport in the ordinary course of business the goods out of this
state; as to such persons the amount of tax with respect to such
business is equal to the value of the products manufactured or the
gross proceeds derived from such sales multiplied by the rate of 0.138
percent. Sellers must keep and preserve records for the period
required by RCW 82.32.070 establishing that the goods were transported
by the purchaser in the ordinary course of business out of this state;
(e) Until July 1, 2009, alcohol fuel, biodiesel fuel, or biodiesel
feedstock, as those terms are defined in RCW 82.29A.135; as to such
persons the amount of tax with respect to the business is equal to the
value of alcohol fuel, biodiesel fuel, or biodiesel feedstock
manufactured, multiplied by the rate of 0.138 percent; and
(f) Wood biomass fuel as defined in RCW 82.29A.135; as to such
persons the amount of tax with respect to the business is equal to the
value of wood biomass fuel manufactured, multiplied by the rate of
0.138 percent.
(2) Upon every person engaging within this state in the business of
splitting or processing dried peas; as to such persons the amount of
tax with respect to such business is equal to the value of the peas
split or processed, multiplied by the rate of 0.138 percent.
(3) Upon every nonprofit corporation and nonprofit association
engaging within this state in research and development, as to such
corporations and associations, the amount of tax with respect to such
activities is equal to the gross income derived from such activities
multiplied by the rate of 0.484 percent.
(4) Upon every person engaging within this state in the business of
slaughtering, breaking and/or processing perishable meat products
and/or selling the same at wholesale only and not at retail; as to such
persons the tax imposed is equal to the gross proceeds derived from
such sales multiplied by the rate of 0.138 percent.
(5) Upon every person engaging within this state in the business of
acting as a travel agent or tour operator; as to such persons the
amount of the tax with respect to such activities is equal to the gross
income derived from such activities multiplied by the rate of 0.275
percent.
(6) Upon every person engaging within this state in business as an
international steamship agent, international customs house broker,
international freight forwarder, vessel and/or cargo charter broker in
foreign commerce, and/or international air cargo agent; as to such
persons the amount of the tax with respect to only international
activities is equal to the gross income derived from such activities
multiplied by the rate of 0.275 percent.
(7) Upon every person engaging within this state in the business of
stevedoring and associated activities pertinent to the movement of
goods and commodities in waterborne interstate or foreign commerce; as
to such persons the amount of tax with respect to such business is
equal to the gross proceeds derived from such activities multiplied by
the rate of 0.275 percent. Persons subject to taxation under this
subsection are exempt from payment of taxes imposed by chapter 82.16
RCW for that portion of their business subject to taxation under this
subsection. Stevedoring and associated activities pertinent to the
conduct of goods and commodities in waterborne interstate or foreign
commerce are defined as all activities of a labor, service or
transportation nature whereby cargo may be loaded or unloaded to or
from vessels or barges, passing over, onto or under a wharf, pier, or
similar structure; cargo may be moved to a warehouse or similar holding
or storage yard or area to await further movement in import or export
or may move to a consolidation freight station and be stuffed,
unstuffed, containerized, separated or otherwise segregated or
aggregated for delivery or loaded on any mode of transportation for
delivery to its consignee. Specific activities included in this
definition are: Wharfage, handling, loading, unloading, moving of
cargo to a convenient place of delivery to the consignee or a
convenient place for further movement to export mode; documentation
services in connection with the receipt, delivery, checking, care,
custody and control of cargo required in the transfer of cargo;
imported automobile handling prior to delivery to consignee; terminal
stevedoring and incidental vessel services, including but not limited
to plugging and unplugging refrigerator service to containers,
trailers, and other refrigerated cargo receptacles, and securing ship
hatch covers.
(8)(a) Upon every person engaging within this state in the business
of disposing of low-level waste, as defined in RCW 43.145.010; as to
such persons the amount of the tax with respect to such business is
equal to the gross income of the business, excluding any fees imposed
under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.
(b) If the gross income of the taxpayer is attributable to
activities both within and without this state, the gross income
attributable to this state must be determined in accordance with the
methods of apportionment required under RCW 82.04.460.
(9) Upon every person engaging within this state as an insurance
producer or title insurance agent licensed under chapter 48.17 RCW or
a surplus line broker licensed under chapter 48.15 RCW; as to such
persons, the amount of the tax with respect to such licensed activities
is equal to the gross income of such business multiplied by the rate of
0.484 percent.
(10) Upon every person engaging within this state in business as a
hospital, as defined in chapter 70.41 RCW, that is operated as a
nonprofit corporation or by the state or any of its political
subdivisions, as to such persons, the amount of tax with respect to
such activities is equal to the gross income of the business multiplied
by the rate of 0.75 percent through June 30, 1995, and 1.5 percent
thereafter.
(11)(a) Beginning October 1, 2005, upon every person engaging
within this state in the business of manufacturing commercial
((airplanes)) aircraft, or components of such ((airplanes)) aircraft,
or making sales, at retail or wholesale, of commercial ((airplanes))
aircraft or components of such ((airplanes)) aircraft, manufactured by
the seller, as to such persons the amount of tax with respect to such
business is, in the case of manufacturers, equal to the value of the
product manufactured and the gross proceeds of sales of the product
manufactured, or in the case of processors for hire, equal to the gross
income of the business, multiplied by the rate of:
(i) 0.4235 percent from October 1, 2005, through June 30, 2007; and
(ii) 0.2904 percent beginning July 1, 2007.
(b) Beginning July 1, 2008, upon every person who is not eligible
to report under the provisions of (a) of this subsection (11) and is
engaging within this state in the business of manufacturing tooling
specifically designed for use in manufacturing commercial ((airplanes))
aircraft or components of such ((airplanes)) aircraft, or making sales,
at retail or wholesale, of such tooling manufactured by the seller, as
to such persons the amount of tax with respect to such business is, in
the case of manufacturers, equal to the value of the product
manufactured and the gross proceeds of sales of the product
manufactured, or in the case of processors for hire, be equal to the
gross income of the business, multiplied by the rate of 0.2904 percent.
(c) For the purposes of this subsection (11), "commercial
((airplane)) aircraft" and "component" have the same meanings as
provided in RCW 82.32.550.
(d) In addition to all other requirements under this title, a
person reporting under the tax rate provided in this subsection (11)
must file a complete annual report with the department under RCW
82.32.534.
(e)(i) Except as provided in (e)(ii) of this subsection (11), this
subsection (11) does not apply on and after July 1, 2040.
(ii) With respect to the manufacturing of commercial ((airplanes))
aircraft or making sales, at retail or wholesale, of commercial
((airplanes)) aircraft, this subsection (11) does not apply on and
after July 1st of the year in which the department makes a
determination that any final assembly or wing assembly of any version
or variant of a commercial ((airplane)) aircraft that is the basis of
a siting of a significant commercial airplane manufacturing program in
the state under RCW 82.32.850 has been sited outside the state of
Washington. This subsection (11)(e)(ii) only applies to the
manufacturing or sale of commercial ((airplanes)) aircraft that are the
basis of a siting of a significant commercial airplane manufacturing
program in the state under RCW 82.32.850.
(12)(a) Until July 1, 2024, upon every person engaging within this
state in the business of extracting timber or extracting for hire
timber; as to such persons the amount of tax with respect to the
business is, in the case of extractors, equal to the value of products,
including by-products, extracted, or in the case of extractors for
hire, equal to the gross income of the business, multiplied by the rate
of 0.4235 percent from July 1, 2006, through June 30, 2007, and 0.2904
percent from July 1, 2007, through June 30, 2024.
(b) Until July 1, 2024, upon every person engaging within this
state in the business of manufacturing or processing for hire: (i)
Timber into timber products or wood products; or (ii) timber products
into other timber products or wood products; as to such persons the
amount of the tax with respect to the business is, in the case of
manufacturers, equal to the value of products, including by-products,
manufactured, or in the case of processors for hire, equal to the gross
income of the business, multiplied by the rate of 0.4235 percent from
July 1, 2006, through June 30, 2007, and 0.2904 percent from July 1,
2007, through June 30, 2024.
(c) Until July 1, 2024, upon every person engaging within this
state in the business of selling at wholesale: (i) Timber extracted by
that person; (ii) timber products manufactured by that person from
timber or other timber products; or (iii) wood products manufactured by
that person from timber or timber products; as to such persons the
amount of the tax with respect to the business is equal to the gross
proceeds of sales of the timber, timber products, or wood products
multiplied by the rate of 0.4235 percent from July 1, 2006, through
June 30, 2007, and 0.2904 percent from July 1, 2007, through June 30,
2024.
(d) Until July 1, 2024, upon every person engaging within this
state in the business of selling standing timber; as to such persons
the amount of the tax with respect to the business is equal to the
gross income of the business multiplied by the rate of 0.2904 percent.
For purposes of this subsection (12)(d), "selling standing timber"
means the sale of timber apart from the land, where the buyer is
required to sever the timber within thirty months from the date of the
original contract, regardless of the method of payment for the timber
and whether title to the timber transfers before, upon, or after
severance.
(e) For purposes of this subsection, the following definitions
apply:
(i) "Biocomposite surface products" means surface material products
containing, by weight or volume, more than fifty percent recycled paper
and that also use nonpetroleum-based phenolic resin as a bonding agent.
(ii) "Paper and paper products" means products made of interwoven
cellulosic fibers held together largely by hydrogen bonding. "Paper
and paper products" includes newsprint; office, printing, fine, and
pressure-sensitive papers; paper napkins, towels, and toilet tissue;
kraft bag, construction, and other kraft industrial papers; paperboard,
liquid packaging containers, containerboard, corrugated, and solid-fiber containers including linerboard and corrugated medium; and
related types of cellulosic products containing primarily, by weight or
volume, cellulosic materials. "Paper and paper products" does not
include books, newspapers, magazines, periodicals, and other printed
publications, advertising materials, calendars, and similar types of
printed materials.
(iii) "Recycled paper" means paper and paper products having fifty
percent or more of their fiber content that comes from postconsumer
waste. For purposes of this subsection (12)(e)(iii), "postconsumer
waste" means a finished material that would normally be disposed of as
solid waste, having completed its life cycle as a consumer item.
(iv) "Timber" means forest trees, standing or down, on privately or
publicly owned land. "Timber" does not include Christmas trees that
are cultivated by agricultural methods or short-rotation hardwoods as
defined in RCW 84.33.035.
(v) "Timber products" means:
(A) Logs, wood chips, sawdust, wood waste, and similar products
obtained wholly from the processing of timber, short-rotation hardwoods
as defined in RCW 84.33.035, or both;
(B) Pulp, including market pulp and pulp derived from recovered
paper or paper products; and
(C) Recycled paper, but only when used in the manufacture of
biocomposite surface products.
(vi) "Wood products" means paper and paper products; dimensional
lumber; engineered wood products such as particleboard, oriented strand
board, medium density fiberboard, and plywood; wood doors; wood
windows; and biocomposite surface products.
(f) Except for small harvesters as defined in RCW 84.33.035, a
person reporting under the tax rate provided in this subsection (12)
must file a complete annual survey with the department under RCW
82.32.585.
(13) Upon every person engaging within this state in inspecting,
testing, labeling, and storing canned salmon owned by another person,
as to such persons, the amount of tax with respect to such activities
is equal to the gross income derived from such activities multiplied by
the rate of 0.484 percent.
(14)(a) Upon every person engaging within this state in the
business of printing a newspaper, publishing a newspaper, or both, the
amount of tax on such business is equal to the gross income of the
business multiplied by the rate of 0.2904 percent.
(b) A person reporting under the tax rate provided in this
subsection (14) must file a complete annual report with the department
under RCW 82.32.534.
Sec. 7 RCW 82.04.4463 and 2010 1st sp.s. c 23 s 515 are each
amended to read as follows:
(1) In computing the tax imposed under this chapter, a credit is
allowed for property taxes and leasehold excise taxes paid during the
calendar year.
(2) The credit is equal to:
(a)(i)(A) Property taxes paid on buildings, and land upon which the
buildings are located, constructed after December 1, 2003, and used
exclusively in manufacturing commercial ((airplanes)) aircraft or
components of such ((airplanes)) aircraft; and
(B) Leasehold excise taxes paid with respect to buildings
constructed after January 1, 2006, the land upon which the buildings
are located, or both, if the buildings are used exclusively in
manufacturing commercial ((airplanes)) aircraft or components of such
((airplanes)) aircraft; and
(C) Property taxes or leasehold excise taxes paid on, or with
respect to, buildings constructed after June 30, 2008, the land upon
which the buildings are located, or both, and used exclusively for
aerospace product development, manufacturing tooling specifically
designed for use in manufacturing commercial ((airplanes)) aircraft or
their components, or in providing aerospace services, by persons not
within the scope of (a)(i)(A) and (B) of this subsection (2) and are
taxable under RCW 82.04.290(3), 82.04.260(((10))) (11)(b), or
82.04.250(3); or
(ii) Property taxes attributable to an increase in assessed value
due to the renovation or expansion, after: (A) December 1, 2003, of a
building used exclusively in manufacturing commercial ((airplanes))
aircraft or components of such ((airplanes)) aircraft; and (B) June 30,
2008, of buildings used exclusively for aerospace product development,
manufacturing tooling specifically designed for use in manufacturing
commercial ((airplanes)) aircraft or their components, or in providing
aerospace services, by persons not within the scope of (a)(ii)(A) of
this subsection (2) and are taxable under RCW 82.04.290(3),
82.04.260(((10))) (11)(b), or 82.04.250(3); and
(b) An amount equal to:
(i)(A) Property taxes paid, by persons taxable under RCW
82.04.260(((10))) (11)(a), on machinery and equipment exempt under RCW
82.08.02565 or 82.12.02565 and acquired after December 1, 2003;
(B) Property taxes paid, by persons taxable under RCW
82.04.260(((10))) (11)(b), on machinery and equipment exempt under RCW
82.08.02565 or 82.12.02565 and acquired after June 30, 2008; or
(C) Property taxes paid, by persons taxable under RCW 82.04.250(3)
or 82.04.290(3), on computer hardware, computer peripherals, and
software exempt under RCW 82.08.975 or 82.12.975 and acquired after
June 30, 2008.
(ii) For purposes of determining the amount eligible for credit
under (i)(A) and (B) of this subsection (2)(b), the amount of property
taxes paid is multiplied by a fraction.
(A) The numerator of the fraction is the total taxable amount
subject to the tax imposed under RCW 82.04.260(((10))) (11) (a) or (b)
on the applicable business activities of manufacturing commercial
((airplanes)) aircraft, components of such ((airplanes)) aircraft, or
tooling specifically designed for use in the manufacturing of
commercial ((airplanes)) aircraft or components of such ((airplanes))
aircraft.
(B) The denominator of the fraction is the total taxable amount
subject to the tax imposed under all manufacturing classifications in
chapter 82.04 RCW.
(C) For purposes of both the numerator and denominator of the
fraction, the total taxable amount refers to the total taxable amount
required to be reported on the person's returns for the calendar year
before the calendar year in which the credit under this section is
earned. The department may provide for an alternative method for
calculating the numerator in cases where the tax rate provided in RCW
82.04.260(((10))) (11) for manufacturing was not in effect during the
full calendar year before the calendar year in which the credit under
this section is earned.
(D) No credit is available under (b)(i)(A) or (B) of this
subsection (2) if either the numerator or the denominator of the
fraction is zero. If the fraction is greater than or equal to nine-tenths, then the fraction is rounded to one.
(E) As used in (b)(ii)(C) of this subsection (2), "returns" means
the tax returns for which the tax imposed under this chapter is
reported to the department.
(3) The definitions in this subsection apply throughout this
section, unless the context clearly indicates otherwise.
(a) "Aerospace product development" has the same meaning as
provided in RCW 82.04.4461.
(b) "Aerospace services" has the same meaning given in RCW
82.08.975.
(c) "Commercial ((airplane)) aircraft" and "component" have the
same meanings as provided in RCW 82.32.550.
(4) A credit earned during one calendar year may be carried over to
be credited against taxes incurred in a subsequent calendar year, but
may not be carried over a second year. No refunds may be granted for
credits under this section.
(5) In addition to all other requirements under this title, a
person claiming the credit under this section must file a complete
annual report with the department under RCW 82.32.534.
(6) This section expires July 1, 2024.
Sec. 8 RCW 82.04.4463 and 2013 3rd sp.s. c 2 s 10 are each
amended to read as follows:
(1) In computing the tax imposed under this chapter, a credit is
allowed for property taxes and leasehold excise taxes paid during the
calendar year.
(2) The credit is equal to:
(a)(i)(A) Property taxes paid on buildings, and land upon which the
buildings are located, constructed after December 1, 2003, and used
exclusively in manufacturing commercial ((airplanes)) aircraft or
components of such ((airplanes)) aircraft; and
(B) Leasehold excise taxes paid with respect to buildings
constructed after January 1, 2006, the land upon which the buildings
are located, or both, if the buildings are used exclusively in
manufacturing commercial ((airplanes)) aircraft or components of such
((airplanes)) aircraft; and
(C) Property taxes or leasehold excise taxes paid on, or with
respect to, buildings constructed after June 30, 2008, the land upon
which the buildings are located, or both, and used exclusively for
aerospace product development, manufacturing tooling specifically
designed for use in manufacturing commercial ((airplanes)) aircraft or
their components, or in providing aerospace services, by persons not
within the scope of (a)(i)(A) and (B) of this subsection (2) and are
taxable under RCW 82.04.290(3), 82.04.260(11)(b), or 82.04.250(3); or
(ii) Property taxes attributable to an increase in assessed value
due to the renovation or expansion, after: (A) December 1, 2003, of a
building used exclusively in manufacturing commercial
((airplanes))aircraft or components of such ((airplanes)) aircraft; and
(B) June 30, 2008, of buildings used exclusively for aerospace product
development, manufacturing tooling specifically designed for use in
manufacturing commercial ((airplanes)) aircraft or their components, or
in providing aerospace services, by persons not within the scope of
(a)(ii)(A) of this subsection (2) and are taxable under RCW
82.04.290(3), 82.04.260(11)(b), or 82.04.250(3); and
(b) An amount equal to:
(i)(A) Property taxes paid, by persons taxable under RCW
82.04.260(11)(a), on machinery and equipment exempt under RCW
82.08.02565 or 82.12.02565 and acquired after December 1, 2003;
(B) Property taxes paid, by persons taxable under RCW
82.04.260(11)(b), on machinery and equipment exempt under RCW
82.08.02565 or 82.12.02565 and acquired after June 30, 2008; or
(C) Property taxes paid, by persons taxable under RCW 82.04.250(3)
or 82.04.290(3), on computer hardware, computer peripherals, and
software exempt under RCW 82.08.975 or 82.12.975 and acquired after
June 30, 2008.
(ii) For purposes of determining the amount eligible for credit
under (i)(A) and (B) of this subsection (2)(b), the amount of property
taxes paid is multiplied by a fraction.
(A) The numerator of the fraction is the total taxable amount
subject to the tax imposed under RCW 82.04.260(11) (a) or (b) on the
applicable business activities of manufacturing commercial
((airplanes)) aircraft, components of such ((airplanes)) aircraft, or
tooling specifically designed for use in the manufacturing of
commercial ((airplanes)) aircraft or components of such ((airplanes))
aircraft.
(B) The denominator of the fraction is the total taxable amount
subject to the tax imposed under all manufacturing classifications in
chapter 82.04 RCW.
(C) For purposes of both the numerator and denominator of the
fraction, the total taxable amount refers to the total taxable amount
required to be reported on the person's returns for the calendar year
before the calendar year in which the credit under this section is
earned. The department may provide for an alternative method for
calculating the numerator in cases where the tax rate provided in RCW
82.04.260(11) for manufacturing was not in effect during the full
calendar year before the calendar year in which the credit under this
section is earned.
(D) No credit is available under (b)(i)(A) or (B) of this
subsection (2) if either the numerator or the denominator of the
fraction is zero. If the fraction is greater than or equal to nine-tenths, then the fraction is rounded to one.
(E) As used in (b)(ii)(C) of this subsection (2), "returns" means
the tax returns for which the tax imposed under this chapter is
reported to the department.
(3) The definitions in this subsection apply throughout this
section, unless the context clearly indicates otherwise.
(a) "Aerospace product development" has the same meaning as
provided in RCW 82.04.4461.
(b) "Aerospace services" has the same meaning given in RCW
82.08.975.
(c) "Commercial ((airplane)) aircraft" and "component" have the
same meanings as provided in RCW 82.32.550.
(4) A credit earned during one calendar year may be carried over to
be credited against taxes incurred in a subsequent calendar year, but
may not be carried over a second year. No refunds may be granted for
credits under this section.
(5) In addition to all other requirements under this title, a
person claiming the credit under this section must file a complete
annual report with the department under RCW 82.32.534.
(6) This section expires July 1, 2040.
Sec. 9 RCW 82.04.4461 and 2010 c 114 s 115 are each amended to
read as follows:
(1)(a)(i) In computing the tax imposed under this chapter, a credit
is allowed for each person for qualified aerospace product development.
For a person who is a manufacturer or processor for hire of commercial
((airplanes)) aircraft or components of such ((airplanes)) aircraft,
credit may be earned for expenditures occurring after December 1, 2003.
For all other persons, credit may be earned only for expenditures
occurring after June 30, 2008.
(ii) For purposes of this subsection, "commercial ((airplane))
aircraft" and "component" have the same meanings as provided in RCW
82.32.550.
(b) Before July 1, 2005, any credits earned under this section must
be accrued and carried forward and may not be used until July 1, 2005.
These carryover credits may be used at any time thereafter, and may be
carried over until used. Refunds may not be granted in the place of a
credit.
(2) The credit is equal to the amount of qualified aerospace
product development expenditures of a person, multiplied by the rate of
1.5 percent.
(3) Except as provided in subsection (1)(b) of this section the
credit must be claimed against taxes due for the same calendar year in
which the qualified aerospace product development expenditures are
incurred. Credit earned on or after July 1, 2005, may not be carried
over. The credit for each calendar year may not exceed the amount of
tax otherwise due under this chapter for the calendar year. Refunds
may not be granted in the place of a credit.
(4) Any person claiming the credit must file a form prescribed by
the department that must include the amount of the credit claimed, an
estimate of the anticipated aerospace product development expenditures
during the calendar year for which the credit is claimed, an estimate
of the taxable amount during the calendar year for which the credit is
claimed, and such additional information as the department may
prescribe.
(5) The definitions in this subsection apply throughout this
section.
(a) "Aerospace product" has the meaning given in RCW 82.08.975.
(b) "Aerospace product development" means research, design, and
engineering activities performed in relation to the development of an
aerospace product or of a product line, model, or model derivative of
an aerospace product, including prototype development, testing, and
certification. The term includes the discovery of technological
information, the translating of technological information into new or
improved products, processes, techniques, formulas, or inventions, and
the adaptation of existing products and models into new products or new
models, or derivatives of products or models. The term does not
include manufacturing activities or other production-oriented
activities, however the term does include tool design and engineering
design for the manufacturing process. The term does not include
surveys and studies, social science and humanities research, market
research or testing, quality control, sale promotion and service,
computer software developed for internal use, and research in areas
such as improved style, taste, and seasonal design.
(c) "Qualified aerospace product development" means aerospace
product development performed within this state.
(d) "Qualified aerospace product development expenditures" means
operating expenses, including wages, compensation of a proprietor or a
partner in a partnership as determined by the department, benefits,
supplies, and computer expenses, directly incurred in qualified
aerospace product development by a person claiming the credit provided
in this section. The term does not include amounts paid to a person or
to the state and any of its departments and institutions, other than a
public educational or research institution to conduct qualified
aerospace product development. The term does not include capital costs
and overhead, such as expenses for land, structures, or depreciable
property.
(e) "Taxable amount" means the taxable amount subject to the tax
imposed in this chapter required to be reported on the person's tax
returns during the year in which the credit is claimed, less any
taxable amount for which a credit is allowed under RCW 82.04.440.
(6) In addition to all other requirements under this title, a
person claiming the credit under this section must file a complete
annual report with the department under RCW 82.32.534.
(7) Credit may not be claimed for expenditures for which a credit
is claimed under RCW 82.04.4452.
(8) This section expires July 1, 2024.
Sec. 10 RCW 82.04.4461 and 2013 3rd sp.s. c 2 s 9 are each
amended to read as follows:
(1)(a)(i) In computing the tax imposed under this chapter, a credit
is allowed for each person for qualified aerospace product development.
For a person who is a manufacturer or processor for hire of commercial
((airplanes)) aircraft or components of such ((airplanes)) aircraft,
credit may be earned for expenditures occurring after December 1, 2003.
For all other persons, credit may be earned only for expenditures
occurring after June 30, 2008.
(ii) For purposes of this subsection, "commercial ((airplane))
aircraft" and "component" have the same meanings as provided in RCW
82.32.550.
(b) Before July 1, 2005, any credits earned under this section must
be accrued and carried forward and may not be used until July 1, 2005.
These carryover credits may be used at any time thereafter, and may be
carried over until used. Refunds may not be granted in the place of a
credit.
(2) The credit is equal to the amount of qualified aerospace
product development expenditures of a person, multiplied by the rate of
1.5 percent.
(3) Except as provided in subsection (1)(b) of this section the
credit must be claimed against taxes due for the same calendar year in
which the qualified aerospace product development expenditures are
incurred. Credit earned on or after July 1, 2005, may not be carried
over. The credit for each calendar year may not exceed the amount of
tax otherwise due under this chapter for the calendar year. Refunds
may not be granted in the place of a credit.
(4) Any person claiming the credit must file a form prescribed by
the department that must include the amount of the credit claimed, an
estimate of the anticipated aerospace product development expenditures
during the calendar year for which the credit is claimed, an estimate
of the taxable amount during the calendar year for which the credit is
claimed, and such additional information as the department may
prescribe.
(5) The definitions in this subsection apply throughout this
section.
(a) "Aerospace product" has the meaning given in RCW 82.08.975.
(b) "Aerospace product development" means research, design, and
engineering activities performed in relation to the development of an
aerospace product or of a product line, model, or model derivative of
an aerospace product, including prototype development, testing, and
certification. The term includes the discovery of technological
information, the translating of technological information into new or
improved products, processes, techniques, formulas, or inventions, and
the adaptation of existing products and models into new products or new
models, or derivatives of products or models. The term does not
include manufacturing activities or other production-oriented
activities, however the term does include tool design and engineering
design for the manufacturing process. The term does not include
surveys and studies, social science and humanities research, market
research or testing, quality control, sale promotion and service,
computer software developed for internal use, and research in areas
such as improved style, taste, and seasonal design.
(c) "Qualified aerospace product development" means aerospace
product development performed within this state.
(d) "Qualified aerospace product development expenditures" means
operating expenses, including wages, compensation of a proprietor or a
partner in a partnership as determined by the department, benefits,
supplies, and computer expenses, directly incurred in qualified
aerospace product development by a person claiming the credit provided
in this section. The term does not include amounts paid to a person or
to the state and any of its departments and institutions, other than a
public educational or research institution to conduct qualified
aerospace product development. The term does not include capital costs
and overhead, such as expenses for land, structures, or depreciable
property.
(e) "Taxable amount" means the taxable amount subject to the tax
imposed in this chapter required to be reported on the person's tax
returns during the year in which the credit is claimed, less any
taxable amount for which a credit is allowed under RCW 82.04.440.
(6) In addition to all other requirements under this title, a
person claiming the credit under this section must file a complete
annual report with the department under RCW 82.32.534.
(7) Credit may not be claimed for expenditures for which a credit
is claimed under RCW 82.04.4452.
(8) This section expires July 1, 2040.
Sec. 11 RCW 82.08.975 and 2008 c 81 s 2 are each amended to read
as follows:
(1) The tax levied by RCW 82.08.020 ((shall)) does not apply to
sales of computer hardware, computer peripherals, or software, not
otherwise eligible for exemption under RCW 82.08.02565, used primarily
in the development, design, and engineering of aerospace products or in
providing aerospace services, or to sales of or charges made for labor
and services rendered in respect to installing the computer hardware,
computer peripherals, or software.
(2) The exemption is available only when the buyer provides the
seller with an exemption certificate in a form and manner prescribed by
the department. The seller ((shall)) must retain a copy of the
certificate for the seller's files.
(3) As used in this section, the following definitions apply:
(a) "Aerospace products" means:
(i) Commercial ((airplanes)) aircraft and their components;
(ii) Machinery and equipment that is designed and used primarily
for the maintenance, repair, overhaul, or refurbishing of commercial
((airplanes)) aircraft or their components by federal aviation
regulation part 145 certificated repair stations; and
(iii) Tooling specifically designed for use in manufacturing
commercial ((airplanes)) aircraft or their components.
(b) "Aerospace services" means the maintenance, repair, overhaul,
or refurbishing of commercial ((airplanes)) aircraft or their
components, but only when such services are performed by a FAR part 145
certificated repair station.
(c) "Commercial ((airplane)) aircraft" and "component" have the
same meanings provided in RCW 82.32.550.
(d) "Peripherals" includes keyboards, monitors, mouse devices, and
other accessories that operate outside of the computer, excluding
cables, conduit, wiring, and other similar property.
(4) This section expires July 1, 2024.
Sec. 12 RCW 82.08.975 and 2013 3rd sp.s. c 2 s 11 are each
amended to read as follows:
(1) The tax levied by RCW 82.08.020 does not apply to sales of
computer hardware, computer peripherals, or software, not otherwise
eligible for exemption under RCW 82.08.02565, used primarily in the
development, design, and engineering of aerospace products or in
providing aerospace services, or to sales of or charges made for labor
and services rendered in respect to installing the computer hardware,
computer peripherals, or software.
(2) The exemption is available only when the buyer provides the
seller with an exemption certificate in a form and manner prescribed by
the department. The seller must retain a copy of the certificate for
the seller's files.
(3) The definitions in this subsection apply throughout this
section unless the context requires otherwise.
(a) "Aerospace products" means:
(i) Commercial ((airplanes)) aircraft and their components;
(ii) Machinery and equipment that is designed and used primarily
for the maintenance, repair, overhaul, or refurbishing of commercial
((airplanes)) aircraft or their components by federal aviation
regulation part 145 certificated repair stations; and
(iii) Tooling specifically designed for use in manufacturing
commercial ((airplanes)) aircraft or their components.
(b) "Aerospace services" means the maintenance, repair, overhaul,
or refurbishing of commercial ((airplanes)) aircraft or their
components, but only when such services are performed by a FAR part 145
certificated repair station.
(c) "Commercial ((airplane)) aircraft" and "component" have the
same meanings provided in RCW 82.32.550.
(d) "Peripherals" includes keyboards, monitors, mouse devices, and
other accessories that operate outside of the computer, excluding
cables, conduit, wiring, and other similar property.
(4) This section expires July 1, 2040.
Sec. 13 RCW 82.08.980 and 2013 3rd sp.s. c 2 s 3 are each amended
to read as follows:
(1) The tax levied by RCW 82.08.020 does not apply to:
(a) Charges, for labor and services rendered in respect to the
constructing of new buildings, made to (i) a manufacturer engaged in
the manufacturing of commercial ((airplanes)) aircraft or the fuselages
or wings of commercial ((airplanes)) aircraft or (ii) a port district,
political subdivision, or municipal corporation, to be leased to a
manufacturer engaged in the manufacturing of commercial ((airplanes))
aircraft or the fuselages or wings of commercial ((airplanes))
aircraft;
(b) Sales of tangible personal property that will be incorporated
as an ingredient or component of such buildings during the course of
the constructing; or
(c) Charges made for labor and services rendered in respect to
installing, during the course of constructing such buildings, building
fixtures not otherwise eligible for the exemption under RCW
82.08.02565(2)(b).
(2) The exemption is available only when the buyer provides the
seller with an exemption certificate in a form and manner prescribed by
the department. The seller must retain a copy of the certificate for
the seller's files.
(3) No application is necessary for the tax exemption in this
section. However, in order to qualify under this section before
starting construction, the port district, political subdivision, or
municipal corporation must have entered into an agreement with the
manufacturer to build such a facility. A person claiming the exemption
under this section is subject to all the requirements of chapter 82.32
RCW. In addition, the person must file a complete annual report with
the department under RCW 82.32.534.
(4) The exemption in this section applies to buildings or parts of
buildings, including buildings or parts of buildings used for the
storage of raw materials or finished product, that are used primarily
in the manufacturing of any one or more of the following products:
(a) Commercial ((airplanes)) aircraft;
(b) Fuselages of commercial ((airplanes)) aircraft; or
(c) Wings of commercial ((airplanes)) aircraft.
(5) For the purposes of this section, "commercial ((airplane))
aircraft" has the meaning given in RCW 82.32.550.
(6) This section expires July 1, 2040.
Sec. 14 RCW 82.12.980 and 2013 3rd sp.s. c 2 s 4 are each amended
to read as follows:
(1) The provisions of this chapter do not apply with respect to the
use of:
(a) Tangible personal property that will be incorporated as an
ingredient or component in constructing new buildings for (i) a
manufacturer engaged in the manufacturing of commercial ((airplanes))
aircraft or the fuselages or wings of commercial ((airplanes)) aircraft
or (ii) a port district, political subdivision, or municipal
corporation, to be leased to a manufacturer engaged in the
manufacturing of commercial ((airplanes)) aircraft or the fuselages or
wings of commercial ((airplanes)) aircraft; or
(b) Labor and services rendered in respect to installing, during
the course of constructing such buildings, building fixtures not
otherwise eligible for the exemption under RCW 82.08.02565(2)(b).
(2) The eligibility requirements, conditions, and definitions in
RCW 82.08.980 apply to this section, including the filing of a complete
annual report with the department under RCW 82.32.534.
(3) For the purposes of this section, "commercial aircraft" has the
meaning given in RCW 82.32.550.
(4) This section expires July 1, 2040.
NEW SECTION. Sec. 15 This act takes effect July 1, 2014, except
as provided otherwise in this section:
(1) Section 4 of this act takes effect July 1, 2015;
(2) Section 6 of this act takes effect July 1, 2015, if the
contingency in section 2(1), chapter 2, Laws of 2013 3rd sp. sess. has
occurred;
(3) Sections 5, 8, 10, and 12 through 14 of this act take effect on
the date the contingency in section 2(1), chapter 2, Laws of 2013 3rd
sp. sess. occurs.
NEW SECTION. Sec. 16 Sections 3 and 5 of this act expire July 1,
2015.