BILL REQ. #:  Z-0315.1 

Read first time 01/24/13.   Referred to Committee on Ways & Means.

     AN ACT Relating to imposing fees for reseller permits; amending RCW 82.32.780 and 82.32.783; providing an effective date; and declaring an emergency.

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

Sec. 1   RCW 82.32.780 and 2010 c 112 s 2 are each amended to read as follows:
     (1)(a) Taxpayers seeking to obtain a new reseller permit or to renew or reinstate a reseller permit, other than taxpayers subject to the provisions of RCW 82.32.783, must apply to the department in a form and manner prescribed by the department and pay to the department a fee in the amount of twenty-five dollars. The department must use its best efforts to rule on applications within sixty days of receiving a complete application. If the department fails to rule on an application within sixty days of receiving a complete application, the taxpayer may either request a review as provided in subsection (6) of this section or resubmit the application. The fee imposed in this subsection does not apply to applications resubmitted to the department when the fee was paid with the original application, and the department failed to rule on the original application within sixty days of receiving it. Nothing in this subsection may be construed as preventing the department from ruling on an application more than sixty days after the department received the application.
     (b) An application must be denied if:
     (i) The department determines that, based on the nature of the applicant's business, the applicant is not entitled to make purchases at wholesale or is otherwise prohibited from using a reseller permit;
     (ii) The application contains any material misstatement; ((or))
     (iii) The application is incomplete; or
     (iv) The application is not accompanied by the twenty-five dollar fee required by this subsection. However, if the department denies an application under this subsection (1)(b)(iv), the department must reconsider and rule on the taxpayer's original application upon receipt of the twenty-five dollar fee required by this subsection.
     (c) The department may also deny an application if it determines that denial would be in the best interest of collecting taxes due under this title.
     (d) The department's decision to approve or deny an application may be based on tax returns previously filed with the department by the applicant, a current or previous examination of the applicant's books and records by the department, information provided by the applicant in the master application and the reseller permit application, and other information available to the department.
     (e) The department must refuse to accept an application to renew a reseller permit that is received more than ninety days before the expiration of the reseller permit.
     (f) The department may waive or cancel the fee required by this subsection for good cause as determined by the department. For purposes of this subsection, "good cause" does not include the department's denial of an application under this section or financial hardship.
     (2) Notwithstanding subsection (1) of this section, the department may issue or renew a reseller permit ((for a taxpayer that has not applied for the permit or renewal of the permit)) to a taxpayer without requiring the taxpayer to submit an application if: (a) It appears to the department's satisfaction, based on the nature of the taxpayer's business activities and any other information available to the department, that the taxpayer is entitled to make purchases at wholesale; and
     (b) The taxpayer has paid the twenty-five dollar fee imposed in subsection (1) of this section.
     (3)(a) Except as otherwise provided in this section, reseller permits issued, renewed, or reinstated under this section will be valid for a period of forty-eight months from the date of issuance, renewal, or reinstatement.
     (b)(i) A reseller permit is valid for a period of twenty-four months and may be renewed for the period prescribed in (a) of this subsection (3) if the permit is issued to a taxpayer who:
     (A) Is not registered with the department under RCW 82.32.030;
     (B) Has been registered with the department under RCW 82.32.030 for a continuous period of less than one year as of the date that the department received the taxpayer's application for a reseller permit;
     (C) Was on nonreporting status as authorized under RCW 82.32.045(4) at the time that the department received the taxpayer's application for a reseller permit or to renew or reinstate a reseller permit;
     (D) Has filed tax returns reporting no business activity for purposes of sales and business and occupation taxes for the twelve-month period immediately preceding the date that the department received the taxpayer's application for a reseller permit or to renew or reinstate a reseller permit; or
     (E) Has failed to file tax returns covering any part of the twelve-month period immediately preceding the department's receipt of the taxpayer's application for a reseller permit or to renew or reinstate a reseller permit.
     (ii) The provisions of this subsection (3)(b) do not apply to reseller permits issued to any business owned by a federally recognized Indian tribe or by an enrolled member of a federally recognized Indian tribe, if the business does not engage in any business activity that subjects the business to any tax imposed by the state under chapter 82.04 RCW. Permits issued to such businesses are valid for the period provided in (a) of this subsection (3).
     (iii) Nothing in this subsection (3)(b) may be construed as affecting the department's right to deny a taxpayer's application for a reseller permit or to renew or reinstate a reseller permit as provided in subsection (1)(b) and (c) of this section.
     (c) A reseller permit is no longer valid if the permit holder's certificate of registration is revoked, the permit holder's tax reporting account is closed by the department, or the permit holder otherwise ceases to engage in business.
     (d) The department may provide by rule for a uniform expiration date for reseller permits issued, renewed, or reinstated under this section, if the department determines that a uniform expiration date for reseller permits will improve administrative efficiency for the department. If the department adopts a uniform expiration date by rule, the department may extend or shorten the twenty-four or forty-eight month period provided in (a) and (b) of this subsection for a period not to exceed six months as necessary to conform the reseller permit to the uniform expiration date.
     (4)(a) The department may revoke a taxpayer's reseller permit for any of the following reasons:
     (i) The taxpayer used or allowed or caused its reseller permit to be used to purchase any item or service without payment of sales tax, but the taxpayer or other purchaser was not entitled to use the reseller permit for the purchase;
     (ii) The department issued the reseller permit to the taxpayer in error;
     (iii) The department determines that the taxpayer is no longer entitled to make purchases at wholesale; ((or))
     (iv) The department determines that revocation of the reseller permit would be in the best interest of collecting taxes due under this title; or
     (v) The taxpayer's payment of the twenty-five dollar fee for the reseller permit was dishonored and remains unpaid. If the taxpayer has an available credit on its tax reporting account, the department may apply all or a portion of the credit to the unpaid reseller permit fee without regard to any direction from the taxpayer.
     (b) The notice of revocation must be in writing and is effective on the date specified in the revocation notice. The notice must also advise the taxpayer of its right to a review by the department.
     (c) The department may refuse to reinstate a reseller permit revoked under (a)(i) of this subsection until all taxes, penalties, and interest due on any improperly purchased item or service have been paid in full. In the event a taxpayer whose reseller permit has been revoked under this subsection reorganizes, the new business resulting from the reorganization is not entitled to a reseller permit until all taxes, penalties, and interest due on any improperly purchased item or service have been paid in full.
     (d) For purposes of this subsection, "reorganize" or "reorganization" means: (i) The transfer, however effected, of a majority of the assets of one business to another business where any of the persons having an interest in the ownership or management in the former business maintain an ownership or management interest in the new business, either directly or indirectly; (ii) a mere change in identity or form of ownership, however effected; or (iii) the new business is a mere continuation of the former business based on significant shared features such as owners, personnel, assets, or general business activity.
     (5) The department may provide the public with access to reseller permit numbers on its web site, including the name of the permit holder, the status of the reseller permit, the expiration date of the permit, and any other information that is disclosable under RCW 82.32.330(3)(((l))) (k).
     (6) The department must provide by rule for the review of the department's decision to deny, revoke, or refuse to reinstate a reseller permit or the department's failure to rule on an application within the time prescribed in subsection (1)(a) of this section. Such review must be consistent with the requirements of chapter 34.05 RCW.
     (7) As part of its continuing efforts to educate taxpayers on their sales and use tax responsibilities, the department will educate taxpayers on the appropriate use of a reseller permit or other documentation authorized under RCW 82.04.470 and the consequences of misusing such permits or other documentation.

Sec. 2   RCW 82.32.783 and 2010 c 112 s 3 are each amended to read as follows:
     (1)(a) Contractors seeking a new reseller permit or to renew or reinstate a reseller permit must apply to the department in a form and manner prescribed by the department and pay to the department a fee in the amount of twenty-five dollars.
     (b) As part of the application, the contractor must report the total combined dollar amount of all purchases of materials and labor during the preceding twenty-four months for retail construction activity, wholesale construction activity, speculative building, public road construction, and government contracting. If the contractor was not engaged in business as a contractor during the preceding twenty-four months, the contractor may provide an estimate of the dollar amount of purchases of materials and labor for retail construction activity, wholesale construction activity, speculative building, public road construction, and government contracting during the twelve-month or twenty-four month period for which the reseller permit will be valid. The contractor must also report the percentage of its total dollar amount of actual or, if applicable, estimated material and labor purchases that was for retail and wholesale construction activity performed by the applicant.
     (c) The department must use its best efforts to rule on applications within sixty days of receiving a complete application. If the department fails to rule on an application within sixty days of receiving a complete application, the taxpayer may either request a review as provided in subsection (6) of this section or resubmit the application. The fee imposed in this subsection does not apply to applications resubmitted to the department when the fee was paid with the original application, and the department failed to rule on the original application within sixty days of receiving it. Nothing in this subsection may be construed as preventing the department from ruling on an application more than sixty days after the department received the application.
     (d)(i) An application must be denied if:
     (A) The department determines that the applicant is not entitled to make purchases at wholesale or is otherwise prohibited from using a reseller permit;
     (B) The application contains any material misstatement;
     (C) The application is incomplete; ((or))
     (D) The application is not accompanied by the twenty-five dollar fee required by this subsection. However, if the department denies an application under this subsection (1)(d)(i)(D), the department must reconsider and rule on the taxpayer's original application upon receipt of the twenty-five dollar fee required by this subsection; or
     (E) Less than twenty-five percent of the taxpayer's total dollar amount of actual or, if applicable, estimated material and labor purchases as reported on the application is for retail and wholesale construction activity performed by the applicant. However, the department may approve an application not meeting the criteria in this subsection (1)(d)(i)(((D))) (E) if the department is satisfied that approval is unlikely to jeopardize collection of the taxes due under this title.
     (ii) The department may also deny an application if the department determines that denial would be in the best interest of collecting taxes due under this title.
     (iii) The department's decision to approve or deny an application may be based on tax returns previously filed with the department by the applicant, a current or previous examination of the applicant's books and records by the department, information provided by the applicant in the master application and the reseller permit application, and other information available to the department.
     (e) The department must refuse to accept an application to renew a reseller permit that is received more than ninety days before the expiration of the reseller permit.
     (f) The department may waive or cancel the fee required by this subsection for good cause as determined by the department. For purposes of this subsection, "good cause" does not include the department's denial of an application under this section or financial hardship.
     (2) Notwithstanding subsection (1) of this section, the department may issue or renew a reseller permit ((for a contractor that has not applied for the permit or renewal of the permit)) to a contractor without requiring the contractor to submit an application if:
     (a) The department is satisfied that the contractor is entitled to make purchases at wholesale and that issuing or renewing the reseller permit is unlikely to jeopardize collection of sales taxes due under this title based on criteria established by the department by rule. Such criteria may include but is not limited to whether the taxpayer has a previous history of misusing resale certificates or reseller permits or there is any other indication that issuing or renewing the reseller permit would jeopardize collection of sales taxes due from the contractor; and
     (b) The contractor has paid the twenty-five dollar fee imposed in subsection (1) of this section.
     (3)(a) Except as otherwise provided in (b) of this subsection:
     (i) Except as provided in (a)(ii) of this subsection, until June 30, 2013, reseller permits issued, renewed, or reinstated under this section will be valid for a period of twelve months from the date of issuance, renewal, or reinstatement; and
     (ii) Beginning July 1, 2013, reseller permits issued, renewed, or reinstated under this section will be valid for a period of twenty-four months from the date of issuance, renewal, or reinstatement. However, the department may issue, renew, or reinstate permits for a period of twenty-four months beginning July 1, 2011, if the department is satisfied in the same manner as set forth in subsection (2) of this section.
     (b)(i) A reseller permit is no longer valid if the permit holder's certificate of registration is revoked, the permit holder's tax reporting account is closed by the department, or the permit holder otherwise ceases to engage in business.
     (ii) The department may provide by rule for a uniform expiration date for reseller permits issued, renewed, or reinstated under this section, if the department determines that a uniform expiration date for reseller permits will improve administrative efficiency for the department. If the department adopts a uniform expiration date by rule, the department may extend or shorten the twelve or twenty-four month period provided in (a)(i) and (ii) of this subsection for a period not to exceed six months as necessary to conform the reseller permit to the uniform expiration date.
     (4)(a) The department may revoke a contractor's reseller permit for any of the following reasons:
     (i) The contractor used or allowed or caused its reseller permit to be used to purchase any item or service without payment of sales tax, but the contractor or other purchaser was not entitled to use the reseller permit for the purchase;
     (ii) The department issued the reseller permit to the contractor in error;
     (iii) The department determines that the contractor is no longer entitled to make purchases at wholesale; ((or))
     (iv) The department determines that revocation of the reseller permit would be in the best interest of collecting taxes due under this title; or
     (v) The contractor's payment of the twenty-five dollar fee for the reseller permit was dishonored and remains unpaid. If the contractor has an available credit on its tax reporting account, the department may apply all or a portion of the credit to the unpaid reseller permit fee without regard to any direction from the contractor.
     (b) The notice of revocation must be in writing and is effective on the date specified in the revocation notice. The notice must also advise the contractor of its right to a review by the department.
     (c) The department may refuse to reinstate a reseller permit revoked under (a)(i) of this subsection until all taxes, penalties, and interest due on any improperly purchased item or service have been paid in full. In the event a contractor whose reseller permit has been revoked under this subsection reorganizes, the new business resulting from the reorganization is not entitled to a reseller permit until all taxes, penalties, and interest due on any improperly purchased item or service have been paid in full.
     (d) For purposes of this subsection, "reorganize" or "reorganization" means: (i) The transfer, however effected, of a majority of the assets of one business to another business where any of the persons having an interest in the ownership or management in the former business maintain an ownership or management interest in the new business, either directly or indirectly; (ii) a mere change in identity or form of ownership, however effected; or (iii) the new business is a mere continuation of the former business based on significant shared features such as owners, personnel, assets, or general business activity.
     (5) The department may provide the public with access to reseller permit numbers on its web site, including the name of the permit holder, the status of the reseller permit, the expiration date of the permit, and any other information that is disclosable under RCW 82.32.330(3)(((l))) (k).
     (6) The department must provide by rule for the review of the department's decision to deny, revoke, or refuse to reinstate a reseller permit or the department's failure to rule on an application within the time prescribed in subsection (1)(a) of this section. Such review must be consistent with the requirements of chapter 34.05 RCW.
     (7) As part of its continuing efforts to educate taxpayers on their sales and use tax responsibilities, the department will educate taxpayers on the appropriate use of a reseller permit or other documentation authorized under RCW 82.04.470 and the consequences of misusing such permits or other documentation.
     (8) As used in this section, the following definitions apply:
     (a) "Contractor" means a person whose primary business activity is as a contractor as defined in RCW 18.27.010 or an electrical contractor as defined in RCW 19.28.006.
     (b) "Government contracting" means the activity described in RCW 82.04.190(6).
     (c) "Public road construction" means the activity described in RCW 82.04.190(3).
     (d) "Retail construction activity" means any activity defined as a retail sale in RCW 82.04.050(2) (b) or (c).
     (e) "Speculative building" means the activities of a speculative builder as the term "speculative builder" is defined by rule of the department.
     (f) "Wholesale construction activity" means labor and services rendered for persons who are not consumers in respect to real property, if such labor and services are expressly defined as a retail sale by RCW 82.04.050 when rendered to or for consumers. For purposes of this subsection (8)(f), "consumer" has the same meaning as in RCW 82.04.190.

NEW SECTION.  Sec. 3   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2013.