BILL REQ. #: S-4088.3
State of Washington | 58th Legislature | 2004 Regular Session |
READ FIRST TIME 01/23/04.
AN ACT Relating to high technology and research and development tax incentives; amending RCW 82.04.4452, 82.63.010, 82.63.020, 82.63.030, 82.63.045, and 82.63.070; adding new sections to chapter 82.04 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 The legislature finds that recruiting and
retaining high technology companies is a critical component of creating
a strong economy for Washington's future. This strong economy is vital
to provide the public and private resources to support a diverse array
of essential government and social services. The legislature also
finds that numerous states and countries are using an extensive series
of economic incentives to compete for these same high technology
companies and the high-wage direct and indirect jobs they create.
The legislature also finds that high technology companies of all
sizes must continue to invest in research and development to discover
new ideas that lead to new products and processes that significantly
improve the quality of life of all citizens of Washington state. The
legislature finds that the business and occupations tax credit is
intended to promote investment in initial research and development by
high technology companies to explore new ideas. The legislature
further finds that the sales tax deferral and exemption is intended to
promote investment in the capital facilities that house the people and
equipment necessary to further evaluation of these new ideas.
The legislature finds that the business and occupation tax credit
for investment in research and development and a sales tax deferral and
exemption for investment in capital facilities to conduct research and
development are designed to work together to encourage new ideas and
transform them into products and processes. Therefore, the legislature
directs that these incentives shall be evaluated together to determine
their joint ability to create direct, indirect, and induced economic
benefits for the people of the state of Washington.
Sec. 2 RCW 82.04.4452 and 2000 c 103 s 7 are each amended to read
as follows:
(1) In computing the tax imposed under this chapter, a credit is
allowed for each person whose research and development spending during
the year in which the credit is claimed exceeds 0.92 percent of the
person's taxable amount during the same calendar year.
(2) The credit is equal to the greater of the amount of qualified
research and development expenditures of a person or eighty percent of
amounts received by a person other than a public educational or
research institution in compensation for the conduct of qualified
research and development, multiplied by the rate provided in RCW
82.04.260(3) in the case of a nonprofit corporation or nonprofit
association engaging within this state in research and development, and
the rate provided in RCW 82.04.290(2) for every other person.
(3) Any person entitled to the credit provided in subsection (2) of
this section as a result of qualified research and development
conducted under contract may assign all or any portion of the credit to
the person contracting for the performance of the qualified research
and development.
(4) The credit, including any credit assigned to a person under
subsection (3) of this section, shall be taken against taxes due for
the same calendar year in which the qualified research and development
expenditures are incurred. The credit, including any credit assigned
to a person under subsection (3) of this section, for each calendar
year shall not exceed the lesser of two million dollars or the amount
of tax otherwise due under this chapter for the calendar year.
(5) Any person taking the credit, including any credit assigned to
a person under subsection (3) of this section, whose research and
development spending during the calendar year in which the credit is
claimed fails to exceed 0.92 percent of the person's taxable amount
during the same calendar year shall be liable for payment of the
additional taxes represented by the amount of credit taken together
with interest, but not penalties. Interest shall be due at the rate
provided for delinquent excise taxes retroactively to the date the
credit was taken until the taxes are paid. Any credit assigned to a
person under subsection (3) of this section that is disallowed as a
result of this section may be taken by the person who performed the
qualified research and development subject to the limitations set forth
in subsection (4) of this section.
(6) Any person claiming the credit, and any person assigning a
credit as provided in subsection (3) of this section, shall file an
affidavit form prescribed by the department which shall include the
amount of the credit claimed, ((an estimate of)) the ((anticipated))
qualified research and development expenditures during the calendar
year for which the credit is claimed, ((an estimate of)) and the
taxable amount during the calendar year for which the credit is
claimed, and such additional information as the department may
prescribe. The report is due by March 31st following any year a credit
is taken.
(7)(a) A person claiming the credit shall agree to supply the
department with information ((necessary to measure the results of the
tax credit program for qualified research and development
expenditures)) on research and development spending, and product
development, which may be measured by a proxy such as research
projects, copyrights, trademarks, or patents issued. The survey
information is deemed tax information under RCW 82.32.330.
(b) If a person fails to provide the information required under
this subsection by the due date, the person entitled to the credit
provided in subsection (2) of this section is not eligible to take or
assign the credit provided in subsection (2) of this section in the
year the person failed to complete the survey.
(8) The ((department)) joint legislative audit and review committee
shall use the information ((required under)) from subsection (7) of
this section and from other state agency sources to ((perform three
assessments on)) study the tax credit program authorized under this
section. ((The assessments will take place in 1997, 2000, and 2003.
The department shall prepare reports on each assessment and deliver
their reports by September 1, 1997, September 1, 2000, and September 1,
2003. The assessments)) The committee shall report to the legislature
by December 1, 2013. The study shall measure the effect of the program
on ((job creation, the number of jobs created for Washington
residents,)) company growth, the introduction of new products as
measured by copyrights, trademarks, and overall patent issuance, the
diversification of the state's economy, growth in research and
development investment, and the movement of firms or the consolidation
of firms' operations into the state((, and such other factors as the
department selects)). In conducting this evaluation, the committee
shall:
(a) Use a generally accepted econometric model and contract with
outside experts; and
(b) Evaluate the direct, indirect, and induced impacts of this
program together with the program authorized under RCW 82.63.020.
(9) For the purpose of this section:
(a) "Qualified research and development expenditures" means
operating expenses, including wages, compensation of a proprietor or a
partner in a partnership as determined under rules adopted by the
department, benefits, supplies, and computer expenses, directly
incurred in qualified research and development by a person claiming the
credit provided in this section. The term does not include amounts
paid to a person other than a public educational or research
institution to conduct qualified research and development. Nor does
the term include capital costs and overhead, such as expenses for land,
structures, or depreciable property.
(b) "Qualified research and development" shall have the same
meaning as in RCW 82.63.010.
(c) "Research and development spending" means qualified research
and development expenditures plus eighty percent of amounts paid to a
person other than a public educational or research institution to
conduct qualified research and development.
(d) "Taxable amount" means the taxable amount subject to the tax
imposed in this chapter required to be reported on the person's
combined excise 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.
(10) This section expires ((December 31, 2004)) January 1, 2015.
Sec. 3 RCW 82.63.010 and 1995 1st sp.s. c 3 s 12 are each amended
to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Advanced computing" means technologies used in the designing
and developing of computing hardware and software, including
innovations in designing the full spectrum of hardware from hand-held
calculators to super computers, and peripheral equipment.
(2) "Advanced materials" means materials with engineered properties
created through the development of specialized processing and synthesis
technology, including ceramics, high value-added metals, electronic
materials, composites, polymers, and biomaterials.
(3) "Applicant" means a person applying for a tax deferral under
this chapter.
(4) "Biotechnology" means the application of technologies, such as
recombinant DNA techniques, biochemistry, molecular and cellular
biology, genetics and genetic engineering, cell fusion techniques, and
new bioprocesses, using living organisms, or parts of organisms, to
produce or modify products, to improve plants or animals, to develop
microorganisms for specific uses, to identify targets for small
molecule pharmaceutical development, or to transform biological systems
into useful processes and products or to develop microorganisms for
specific uses.
(5) "Department" means the department of revenue.
(6) "Electronic device technology" means technologies involving
microelectronics; semiconductors; electronic equipment and
instrumentation; radio frequency, microwave, and millimeter
electronics; optical and optic-electrical devices; and data and digital
communications and imaging devices.
(7) "Eligible investment project" means an investment project which
either initiates a new operation, or expands or diversifies a current
operation by expanding, renovating, or equipping an existing facility.
The lessor or owner of the qualified building is not eligible for a
deferral unless (a) the underlying ownership of the buildings,
machinery, and equipment vests exclusively in the same person((, or
unless)); or (b)(i) the lessor by written contract agrees to pass the
economic benefit of the deferral to the lessee in the form of reduced
rent payments, and (ii) the lessee that receives the economic benefit
of the deferral agrees in writing with the department to complete the
annual survey required under RCW 82.63.020(2). The economic benefit of
the deferral to the lessee may be evidenced by any type of payment,
credit, or any other financial arrangement between the lessor or owner
of the qualified building and the lessee.
(8) "Environmental technology" means assessment and prevention of
threats or damage to human health or the environment, environmental
cleanup, and the development of alternative energy sources.
(9) "Investment project" means an investment in qualified buildings
or qualified machinery and equipment, including labor and services
rendered in the planning, installation, and construction or improvement
of the project.
(10) "Person" has the meaning given in RCW 82.04.030.
(11) "Pilot scale manufacturing" means design, construction, and
testing of preproduction prototypes and models in the fields of
biotechnology, advanced computing, electronic device technology,
advanced materials, and environmental technology other than for
commercial sale. As used in this subsection, "commercial sale"
excludes sales of prototypes or sales for market testing if the total
gross receipts from such sales of the product, service, or process do
not exceed one million dollars.
(12) "Qualified buildings" means construction of new structures,
and expansion or renovation of existing structures for the purpose of
increasing floor space or production capacity used for pilot scale
manufacturing or qualified research and development, including plant
offices and other facilities that are an essential or an integral part
of a structure used for pilot scale manufacturing or qualified research
and development. If a building is used partly for pilot scale
manufacturing or qualified research and development, and partly for
other purposes, the applicable tax deferral shall be determined by
apportionment of the costs of construction under rules adopted by the
department.
(13) "Qualified machinery and equipment" means fixtures, equipment,
and support facilities that are an integral and necessary part of a
pilot scale manufacturing or qualified research and development
operation. "Qualified machinery and equipment" includes: Computers;
software; data processing equipment; laboratory equipment,
instrumentation, and other devices used in a process of experimentation
to develop a new or improved pilot model, plant process, product,
formula, invention, or similar property; manufacturing components such
as belts, pulleys, shafts, and moving parts; molds, tools, and dies;
vats, tanks, and fermenters; operating structures; and all other
equipment used to control, monitor, or operate the machinery. For
purposes of this chapter, qualified machinery and equipment must be
either new to the taxing jurisdiction of the state or new to the
certificate holder, except that used machinery and equipment may be
treated as qualified machinery and equipment if the certificate holder
either brings the machinery and equipment into Washington or makes a
retail purchase of the machinery and equipment in Washington or
elsewhere.
(14) "Qualified research and development" means research and
development performed within this state in the fields of advanced
computing, advanced materials, biotechnology, electronic device
technology, and environmental technology.
(15) "Recipient" means a person receiving the economic benefit of
a tax deferral under this chapter. If the economic benefit of the tax
deferral is passed to a lessee as provided under subsection (7) of this
section, then the lessee shall be the recipient.
(16) "Research and development" means activities performed to
discover technological information, and technical and nonroutine
activities concerned with translating technological information into
new or improved products, processes, techniques, formulas, inventions,
or software. The term includes exploration of a new use for an
existing drug, device, or biological product if the new use requires
separate licensing by the federal food and drug administration under
chapter 21, C.F.R., as amended. The term does not include adaptation
or duplication of existing products where the products are not
substantially improved by application of the technology, nor does the
term 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.
(17) "Initiation of construction" means the date that a building
permit is issued for (a) the construction of the qualified building, in
the event the underlying ownership of the building vests exclusively
with the person receiving the economic benefit of the deferral, or (b)
tenant improvements for a qualified building, in the event the economic
benefits of the deferral are passed through to a lessee as provided in
subsection (7) of this section. The initiation of construction does
not include soil testing, site clearing and grading, site preparation,
or any other related activities that are initiated prior to the
issuance of a building permit for the construction of the foundation of
the building. If the investment project is a phased project, the term
initiation of construction shall apply separately to each phase.
Sec. 4 RCW 82.63.020 and 1994 sp.s. c 5 s 4 are each amended to
read as follows:
(1) Application for deferral of taxes under this chapter must be
made before initiation of construction of, or acquisition of equipment
or machinery for the investment project. The application shall be made
to the department in a form and manner prescribed by the department.
The application shall contain information regarding the location of the
investment project, the applicant's average employment in the state for
the prior year, estimated or actual new employment related to the
project, estimated or actual wages of employees related to the project,
estimated or actual costs, time schedules for completion and operation,
and other information required by the department. The department shall
rule on the application within sixty days.
(2) Applicants for deferral of taxes under this chapter shall agree
to ((supply)) complete an annual survey, supplying the department with
nonproprietary information necessary to measure the results of the tax
deferral program for high-technology research and development and pilot
scale manufacturing facilities. The survey may include questions
pertaining to job creation, job retention, the number of full-time
equivalent positions created, overall industry wage levels, company
growth, introduction of new products, growth in research and
development investment, and movement of firms or the consolidation of
firms' operations into the state. The information is due by March 31st
the year following the calendar year in which the applicant applied for
the deferral and for the eight years after the investment project is
certified by the department as having been operationally complete. The
survey information is deemed tax information under RCW 82.32.330.
(3) The ((department)) joint legislative audit and review committee
shall use the information and information available from state agency
sources to ((perform three assessments on)) study the tax deferral
program authorized under this chapter. ((The assessments will take
place in 1997, 2000, and 2003.)) The ((department)) committee shall
((prepare reports on each assessment and deliver their reports by
September 1, 1997, September 1, 2000, and September 1, 2003)) report to
the legislature by December 1, 2013. The ((assessments)) report shall
measure the effect of the program on job creation, the number of jobs
created ((for Washington residents)), company growth, the introduction
of new products as measured by trademarks, copyrights, or overall
patent issuance, the diversification of the state's economy, growth in
research and development investment, and the movement of firms or the
consolidation of firms' operations into the state((, and such other
factors as the department selects)). In conducting this evaluation,
the committee shall:
(a) Use a generally accepted econometric model and contract with
outside experts; and
(b) Evaluate the direct, indirect, and induced impacts of this
program together with the program authorized under RCW 82.63.020.
Sec. 5 RCW 82.63.030 and 1994 sp.s. c 5 s 5 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, the
department shall issue a sales and use tax deferral certificate for
state and local sales and use taxes due under chapters 82.08, 82.12,
and 82.14 RCW on each eligible investment project.
(2) No certificate may be issued for an investment project that has
already received a deferral under chapter 82.60 or 82.61 RCW or this
chapter, except that an investment project for qualified research and
development that has already received a deferral may also receive an
additional deferral certificate for adapting the investment project for
use in pilot scale manufacturing.
(3) This section shall expire ((July)) January 1, ((2004)) 2015.
Sec. 6 RCW 82.63.045 and 2000 c 106 s 10 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, taxes
deferred under this chapter need not be repaid.
(2)(a) If, on the basis of ((a report)) survey under RCW 82.63.020
or other information, the department finds that an investment project
is used for purposes other than qualified research and development or
pilot scale manufacturing at any time during the calendar year in which
the investment project is certified by the department as having been
operationally completed, or at any time during any of the seven
succeeding calendar years, a portion of deferred taxes shall be
immediately due according to the following schedule:
Year in which use occurs | % of deferred taxes due |
1 | 100% |
2 | 87.5% |
3 | 75% |
4 | 62.5% |
5 | 50% |
6 | 37.5% |
7 | 25% |
8 | 12.5% |
Sec. 7 RCW 82.63.070 and 1994 sp.s. c 5 s 9 are each amended to
read as follows:
Applications ((and other information)) received by the department
under this chapter are not confidential and are subject to disclosure.
NEW SECTION. Sec. 8 A new section is added to chapter 82.04 RCW
to read as follows:
This chapter does not apply to amounts received by any person for
research and development under the federal small business innovation
research program (114 Stat. 2763A; 15 U.S.C. Sec. 638 et seq.).
NEW SECTION. Sec. 9 A new section is added to chapter 82.04 RCW
to read as follows:
This chapter does not apply to amounts received by any person for
research and development under the federal small business technology
transfer program (115 Stat. 263; 15 U.S.C. Sec. 638 et seq.).
NEW SECTION. Sec. 10 Sections 8 and 9 of this act take effect
July 1, 2004.