BILL REQ. #:  S-3318.2 

Read first time 01/15/14.   Referred to Committee on Ways & Means.

     AN ACT Relating to providing a business and occupation tax credit for businesses that hire veterans; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.16 RCW; creating a new section; providing an effective date; and providing expiration dates.

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

NEW SECTION.  Sec. 1   This section is the tax preference performance statement for the tax preference contained in sections 2 and 3 of this act. This performance statement is only intended to be used for subsequent evaluation of the tax preference. It is not intended to create a private right of action by any party or be used to determine eligibility for preferential tax treatment.
     (1) The legislature categorizes this tax preference as one intended to induce certain designated behavior by taxpayers and create or retain jobs, as indicated in RCW 83.32.808(2) (a) and (c).
     (2) It is the legislature's specific public policy objective to provide employment for unemployed veterans. It is the legislature's intent to provide employers a credit against the business and occupation tax or public utility tax for hiring unemployed veterans which would reduce an employer's tax burden thereby inducing employers to hire and create jobs for unemployed veterans. Pursuant to chapter 43.136 RCW, the joint legislative audit and review committee must review the business and occupation tax and public utility tax credit established under sections 2 and 3 of this act by December 31, 2018.
     (3) If a review finds that the number of unemployed veterans decreased by thirty percent, then the legislature intends for the legislative auditor to recommend extending the expiration date of the tax preference.
     (4) In order to obtain the data necessary to perform the review in subsection (3) of this section, the joint legislative audit and review committee should refer to the veteran unemployment rates available from the employment security department and the bureau of labor statistics.

NEW SECTION.  Sec. 2   A new section is added to chapter 82.04 RCW to read as follows:
     (1) A person is allowed a credit against the tax due under this chapter as provided in this section. The credit equals twenty percent of wages and benefits paid up to a maximum of three thousand dollars for each qualified employment position filled by an unemployed veteran.
     (2) Credits are available on a first-in-time basis. The department must keep a running total of all credits allowed under this section and section 3 of this act during each fiscal year. The department may not allow any credits that would cause the total credits allowed under this section and section 3 of this act to exceed five million dollars in any fiscal year. If all or part of a claim for credit is disallowed under this subsection, the disallowed portion is carried over to the next fiscal year. However, the carryover into the next fiscal year is only permitted to the extent that the cap for the next fiscal year is not exceeded. Priority must be given to credits carried over from a previous fiscal year. The department must provide written notice to any person who has claimed tax credits in excess of the limitation in this subsection. The notice must indicate the amount of tax due and provide that the tax be paid within thirty days from the date of the notice. The department may not assess penalties and interest as provided in chapter 82.32 RCW on the amount due in the initial notice if the amount due is paid by the due date specified in the notice, or any extension thereof.
     (3) The credit may be used against any tax due under this chapter, and may be carried over until used, except as provided in subsection (7) of this section. No refunds may be granted for credits under this section.
     (4) Credits earned under this section may be claimed only on returns filed electronically with the department using the department's online tax filing service or other method of electronic reporting as the department may authorize. The taxpayer must keep records necessary for the department to determine eligibility under this section including records establishing the person's status as a veteran and status as unemployed when hired by the taxpayer.
     (5) No person may claim a credit against taxes due under both chapters 82.04 and 82.16 RCW for the same qualified employment position.
     (6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a)(i) "Qualified employment position" means a permanent full-time employee employed during two consecutive full calendar quarters. For seasonal employers, "qualified employment position" also includes the equivalent of a full-time employee in work hours for two consecutive full calendar quarters.
     (ii) For purposes of this subsection (6)(a), "full time" means a normal work week of at least thirty-five hours.
     (iii) If an employee is either voluntarily or involuntarily separated from employment, the position does not cease to be a qualified employment position if the employer is training or actively recruiting a replacement who is an unemployed veteran.
     (b) "Unemployed" means that the veteran was unemployed as defined in RCW 50.04.310 for at least thirty days immediately preceding the date that the veteran was hired by the person claiming credit under this section for hiring the veteran.
     (c) "Veteran" means every person who has received an honorable discharge or received a discharge for medical reasons with an honorable record or is currently serving honorably, and who has served as a member in any branch of the armed forces of the United States, including the national guard and armed forces reserves.
     (7) Credits allowed under this section can be earned for tax reporting periods through June 30, 2018. No credits can be claimed after June 30, 2019.
     (8) This section expires July 1, 2019.

NEW SECTION.  Sec. 3   A new section is added to chapter 82.16 RCW to read as follows:
     (1) A person is allowed a credit against the tax due under this chapter as provided in this section. The credit equals twenty percent of wages and benefits paid up to a maximum of three thousand dollars for each qualified employment position filled by an unemployed veteran.
     (2) Credits are available on a first-in-time basis. The department must keep a running total of all credits allowed under this section and section 2 of this act during each fiscal year. The department may not allow any credits that would cause the total credits allowed under this section and section 2 of this act to exceed five million dollars in any fiscal year. If all or part of a claim for credit is disallowed under this subsection, the disallowed portion is carried over to the next fiscal year. However, the carryover into the next fiscal year is only permitted to the extent that the cap for the next fiscal year is not exceeded. Priority must be given to credits carried over from a previous fiscal year. The department must provide written notice to any person who has claimed tax credits in excess of the limitation in this subsection. The notice must indicate the amount of tax due and provide that the tax be paid within thirty days from the date of the notice. The department may not assess penalties and interest as provided in chapter 82.32 RCW on the amount due in the initial notice if the amount due is paid by the due date specified in the notice, or any extension thereof.
     (3) The credit may be used against any tax due under this chapter, and may be carried over until used, except as provided in subsection (7) of this section. No refunds may be granted for credits under this section.
     (4) Credits earned under this section may be claimed only on returns filed electronically with the department using the department's online tax filing service or other method of electronic reporting as the department may authorize. The taxpayer must keep records necessary for the department to determine eligibility under this section including records establishing the person's status as a veteran and status as unemployed when hired by the taxpayer.
     (5) No person may claim a credit against taxes due under both chapters 82.04 and 82.16 RCW for the same qualified employment position.
     (6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a)(i) "Qualified employment position" means a permanent full-time employee employed during two consecutive full calendar quarters. For seasonal employers, "qualified employment position" also includes the equivalent of a full-time employee in work hours for two consecutive full calendar quarters.
     (ii) For purposes of this subsection (6)(a), "full time" means a normal work week of at least thirty-five hours.
     (iii) If an employee is either voluntarily or involuntarily separated from employment, the position does not cease to be a qualified employment position if the employer is training or actively recruiting a replacement who is an unemployed veteran.
     (b) "Unemployed" means that the veteran was unemployed as defined in RCW 50.04.310 for at least thirty days immediately preceding the date that the veteran was hired by the person claiming credit under this section for hiring the veteran.
     (c) "Veteran" means every person who has received an honorable discharge or received a discharge for medical reasons with an honorable record or is currently serving honorably, and who has served as a member in any branch of the armed forces of the United States, including the national guard and armed forces reserves.
     (7) Credits allowed under this section can be earned for tax reporting periods through June 30, 2018. No credits can be claimed after June 30, 2019.
     (8) This section expires July 1, 2019.

NEW SECTION.  Sec. 4   This act takes effect October 1, 2014.