SSB 6874 -
By Committee on Finance
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 82.04.260 and 2005 c 513 s 2 and 2005 c 443 s 4 are
each reenacted and 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 byproducts,
or sunflower seeds into sunflower oil; as to such persons the amount of
tax with respect to such business shall be equal to the value of the
flour, pearl barley, oil, canola meal, or canola byproduct
manufactured, multiplied by the rate of 0.138 percent;
(b) Seafood products which remain in a raw, raw frozen, or raw
salted state at the completion of the manufacturing by that person; as
to such persons the amount of tax with respect to such business shall
be equal to the value of the products manufactured, multiplied by the
rate of 0.138 percent;
(c) Dairy products that as of September 20, 2001, are identified in
21 C.F.R., chapter 1, parts 131, 133, and 135, including byproducts
from the manufacturing of the dairy products such as whey and casein;
or selling the same to purchasers who transport in the ordinary course
of business the goods out of state; as to such persons the tax imposed
shall be equal to the value of the products manufactured multiplied by
the rate of 0.138 percent. As proof of sale to a person who transports
in the ordinary course of business goods out of this state, the seller
shall annually provide a statement in a form prescribed by the
department and retain the statement as a business record;
(d) 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 shall be equal
to the value of alcohol fuel, biodiesel fuel, or biodiesel feedstock
manufactured, multiplied by the rate of 0.138 percent; and
(e) Alcohol fuel or wood biomass fuel, as those terms are defined
in RCW 82.29A.135; as to such persons the amount of tax with respect to
the business shall be equal to the value of alcohol fuel or 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 shall be 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 shall be 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 shall be 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 shall be 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 shall be 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 shall
be equal to the gross proceeds derived from such activities multiplied
by the rate of 0.275 percent. Persons subject to taxation under this
subsection shall be 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) 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 shall be
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.
If the gross income of the taxpayer is attributable to activities
both within and without this state, the gross income attributable to
this state shall 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
agent, insurance broker, or insurance solicitor licensed under chapter
48.17 RCW; as to such persons, the amount of the tax with respect to
such licensed activities shall be 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 shall be 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. The moneys collected under this subsection shall
be deposited in the health services account created under RCW
43.72.900.
(11)(a) Beginning October 1, 2005, upon every person engaging
within this state in the business of manufacturing commercial
airplanes, or components of such airplanes, as to such persons the
amount of tax with respect to such business shall, in the case of
manufacturers, be equal to the value 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:
(i) 0.4235 percent from October 1, 2005, through the later of June
30, 2007, or the day preceding the date final assembly of a
superefficient airplane begins in Washington state, as determined under
RCW 82.32.550; and
(ii) 0.2904 percent beginning on the later of July 1, 2007, or the
date final assembly of a superefficient airplane begins in Washington
state, as determined under RCW 82.32.550.
(b) Beginning October 1, 2005, upon every person engaging within
this state in the business of making sales, at retail or wholesale, of
commercial airplanes, or components of such airplanes, manufactured by
that person, as to such persons the amount of tax with respect to such
business shall be equal to the gross proceeds of sales of the airplanes
or components multiplied by the rate of:
(i) 0.4235 percent from October 1, 2005, through the later of June
30, 2007, or the day preceding the date final assembly of a
superefficient airplane begins in Washington state, as determined under
RCW 82.32.550; and
(ii) 0.2904 percent beginning on the later of July 1, 2007, or the
date final assembly of a superefficient airplane begins in Washington
state, as determined under RCW 82.32.550.
(c) For the purposes of this subsection (11), "commercial
airplane," "component," and "final assembly of a superefficient
airplane" have the meanings given in RCW 82.32.550.
(d) In addition to all other requirements under this title, a
person eligible for the tax rate under this subsection (11) must report
as required under RCW 82.32.545.
(e) This subsection (11) does not apply after the earlier of: July
1, 2024; or December 31, 2007, if assembly of a superefficient airplane
does not begin by December 31, 2007, as determined under RCW 82.32.550.
(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 shall, in the case of extractors, be equal to the value of
products, including byproducts, extracted, or in the case of extractors
for hire, be equal to the gross income of the business, multiplied by
the rate of 0.3872 percent from January 1, 2007, through December 31,
2008, and 0.2904 percent from January 1, 2009, 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 wood products; as to such persons the amount of the tax with
respect to the business shall, in the case of manufacturers, be equal
to the value of products, including byproducts, manufactured, or in the
case of processors for hire, be equal to the gross income of the
business, multiplied by the rate of 0.3872 percent from January 1,
2007, through December 31, 2008, and 0.2904 percent from January 1,
2009, through June 30, 2024.
(c) Until July 1, 2024, upon every person engaging within this
state in the business of selling at wholesale timber extracted by that
person; as to such persons the amount of the tax with respect to the
business shall be equal to the gross proceeds of sales of the timber,
timber products, or wood products multiplied by the rate of 0.3872
percent from January 1, 2007, through December 31, 2008, and 0.2904
percent from January 1, 2009, through June 30, 2024.
(d) For purposes of this subsection, the following definitions
apply:
(i) "Timber products" means logs, wood chips, sawdust, wood waste,
or similar product obtained wholly from the processing of timber.
(ii) "Wood products" includes pulp, paper, lumber, and engineered
wood products such as particleboard, oriented strand board, medium
density fiberboard, and plywood.
Sec. 2 RCW 82.04.230 and 1993 sp.s. c 25 s 101 are each amended
to read as follows:
Upon every person engaging within this state in business as an
extractor, except persons taxable as an extractor under any other
provision in this chapter; as to such persons the amount of the tax
with respect to such business shall be equal to the value of the
products, including byproducts, extracted for sale or for commercial or
industrial use, multiplied by the rate of 0.484 percent.
The measure of the tax is the value of the products, including
byproducts, so extracted, regardless of the place of sale or the fact
that deliveries may be made to points outside the state.
Sec. 3 RCW 82.04.280 and 2004 c 24 s 6 are each amended to read
as follows:
Upon every person engaging within this state in the business of:
(1) Printing, and of publishing newspapers, periodicals, or magazines;
(2) building, repairing or improving any street, place, road, highway,
easement, right of way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle which is owned by a municipal
corporation or political subdivision of the state or by the United
States and which is used or to be used, primarily for foot or vehicular
traffic including mass transportation vehicles of any kind and
including any readjustment, reconstruction or relocation of the
facilities of any public, private or cooperatively owned utility or
railroad in the course of such building, repairing or improving, the
cost of which readjustment, reconstruction, or relocation, is the
responsibility of the public authority whose street, place, road,
highway, easement, right of way, mass public transportation terminal or
parking facility, bridge, tunnel, or trestle is being built, repaired
or improved; (3) extracting for hire or processing for hire, except
persons taxable as extractors for hire or processors for hire under
another section of this chapter; (4) operating a cold storage warehouse
or storage warehouse, but not including the rental of cold storage
lockers; (5) representing and performing services for fire or casualty
insurance companies as an independent resident managing general agent
licensed under the provisions of RCW 48.05.310; (6) radio and
television broadcasting, excluding network, national and regional
advertising computed as a standard deduction based on the national
average thereof as annually reported by the Federal Communications
Commission, or in lieu thereof by itemization by the individual
broadcasting station, and excluding that portion of revenue represented
by the out-of-state audience computed as a ratio to the station's total
audience as measured by the 100 micro-volt signal strength and delivery
by wire, if any; (7) engaging in activities which bring a person within
the definition of consumer contained in RCW 82.04.190(6); as to such
persons, the amount of tax on such business shall be equal to the gross
income of the business multiplied by the rate of 0.484 percent.
As used in this section, "cold storage warehouse" means a storage
warehouse used to store fresh and/or frozen perishable fruits or
vegetables, meat, seafood, dairy products, or fowl, or any combination
thereof, at a desired temperature to maintain the quality of the
product for orderly marketing.
As used in this section, "storage warehouse" means a building or
structure, or any part thereof, in which goods, wares, or merchandise
are received for storage for compensation, except field warehouses,
fruit warehouses, fruit packing plants, warehouses licensed under
chapter 22.09 RCW, public garages storing automobiles, railroad freight
sheds, docks and wharves, and "self-storage" or "mini storage"
facilities whereby customers have direct access to individual storage
areas by separate entrance. "Storage warehouse" does not include a
building or structure, or that part of such building or structure, in
which an activity taxable under RCW 82.04.272 is conducted.
As used in this section, "periodical or magazine" means a printed
publication, other than a newspaper, issued regularly at stated
intervals at least once every three months, including any supplement or
special edition of the publication.
Sec. 4 RCW 82.04.280 and 2003 c 149 s 4 are each amended to read
as follows:
Upon every person engaging within this state in the business of:
(1) Printing, and of publishing newspapers, periodicals, or magazines;
(2) building, repairing or improving any street, place, road, highway,
easement, right of way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle which is owned by a municipal
corporation or political subdivision of the state or by the United
States and which is used or to be used, primarily for foot or vehicular
traffic including mass transportation vehicles of any kind and
including any readjustment, reconstruction or relocation of the
facilities of any public, private or cooperatively owned utility or
railroad in the course of such building, repairing or improving, the
cost of which readjustment, reconstruction, or relocation, is the
responsibility of the public authority whose street, place, road,
highway, easement, right of way, mass public transportation terminal or
parking facility, bridge, tunnel, or trestle is being built, repaired
or improved; (3) extracting for hire or processing for hire, except
persons taxable as extractors for hire or processors for hire under
another section of this chapter; (4) operating a cold storage warehouse
or storage warehouse, but not including the rental of cold storage
lockers; (5) representing and performing services for fire or casualty
insurance companies as an independent resident managing general agent
licensed under the provisions of RCW 48.05.310; (6) radio and
television broadcasting, excluding network, national and regional
advertising computed as a standard deduction based on the national
average thereof as annually reported by the Federal Communications
Commission, or in lieu thereof by itemization by the individual
broadcasting station, and excluding that portion of revenue represented
by the out-of-state audience computed as a ratio to the station's total
audience as measured by the 100 micro-volt signal strength and delivery
by wire, if any; (7) engaging in activities which bring a person within
the definition of consumer contained in RCW 82.04.190(6); as to such
persons, the amount of tax on such business shall be equal to the gross
income of the business multiplied by the rate of 0.484 percent.
As used in this section, "cold storage warehouse" means a storage
warehouse used to store fresh and/or frozen perishable fruits or
vegetables, meat, seafood, dairy products, or fowl, or any combination
thereof, at a desired temperature to maintain the quality of the
product for orderly marketing.
As used in this section, "storage warehouse" means a building or
structure, or any part thereof, in which goods, wares, or merchandise
are received for storage for compensation, except field warehouses,
fruit warehouses, fruit packing plants, warehouses licensed under
chapter 22.09 RCW, public garages storing automobiles, railroad freight
sheds, docks and wharves, and "self-storage" or "mini storage"
facilities whereby customers have direct access to individual storage
areas by separate entrance. "Storage warehouse" does not include a
building or structure, or that part of such building or structure, in
which an activity taxable under RCW 82.04.272 is conducted.
As used in this section, "periodical or magazine" means a printed
publication, other than a newspaper, issued regularly at stated
intervals at least once every three months, including any supplement or
special edition of the publication.
Sec. 5 RCW 82.04.440 and 2005 c 301 s 3 are each amended to read
as follows:
(1) Every person engaged in activities which are within the purview
of the provisions of two or more of sections RCW 82.04.230 to
82.04.298, inclusive, shall be taxable under each paragraph applicable
to the activities engaged in.
(2) Persons taxable under RCW 82.04.2909(2), 82.04.250, 82.04.270,
82.04.294(2), or 82.04.260 (4) ((or (13))), (11), or (12) with respect
to selling products in this state shall be allowed a credit against
those taxes for any (a) manufacturing taxes paid with respect to the
manufacturing of products so sold in this state, and/or (b) extracting
taxes paid with respect to the extracting of products so sold in this
state or ingredients of products so sold in this state. Extracting
taxes taken as credit under subsection (3) of this section may also be
taken under this subsection, if otherwise allowable under this
subsection. The amount of the credit shall not exceed the tax
liability arising under this chapter with respect to the sale of those
products.
(3) Persons taxable as manufacturers under RCW 82.04.240 or
82.04.260 (1)(b) or (12) shall be allowed a credit against those taxes
for any extracting taxes paid with respect to extracting the
ingredients of the products so manufactured in this state. The amount
of the credit shall not exceed the tax liability arising under this
chapter with respect to the manufacturing of those products.
(4) Persons taxable under RCW 82.04.230, 82.04.240, 82.04.2909(1),
82.04.294(1), or 82.04.260 (1), (2), (4), (((6), or (13))) (11), or
(12) with respect to extracting or manufacturing products in this state
shall be allowed a credit against those taxes for any (i) gross
receipts taxes paid to another state with respect to the sales of the
products so extracted or manufactured in this state, (ii) manufacturing
taxes paid with respect to the manufacturing of products using
ingredients so extracted in this state, or (iii) manufacturing taxes
paid with respect to manufacturing activities completed in another
state for products so manufactured in this state. The amount of the
credit shall not exceed the tax liability arising under this chapter
with respect to the extraction or manufacturing of those products.
(5) For the purpose of this section:
(a) "Gross receipts tax" means a tax:
(i) Which is imposed on or measured by the gross volume of
business, in terms of gross receipts or in other terms, and in the
determination of which the deductions allowed would not constitute the
tax an income tax or value added tax; and
(ii) Which is also not, pursuant to law or custom, separately
stated from the sales price.
(b) "State" means (i) the state of Washington, (ii) a state of the
United States other than Washington, or any political subdivision of
such other state, (iii) the District of Columbia, and (iv) any foreign
country or political subdivision thereof.
(c) "Manufacturing tax" means a gross receipts tax imposed on the
act or privilege of engaging in business as a manufacturer, and
includes (i) the taxes imposed in RCW 82.04.240, 82.04.2909(1),
82.04.260 (1), (2), (4), ((and (13))) (11), and (12), and 82.04.294(1);
and (ii) similar gross receipts taxes paid to other states.
(d) "Extracting tax" means a gross receipts tax imposed on the act
or privilege of engaging in business as an extractor, and includes the
tax imposed on extractors in RCW 82.04.230 and 82.04.260(12) and
similar gross receipts taxes paid to other states.
(e) "Business", "manufacturer", "extractor", and other terms used
in this section have the meanings given in RCW 82.04.020 through
82.04.212, notwithstanding the use of those terms in the context of
describing taxes imposed by other states.
Sec. 6 2003 c 149 s 12 (uncodified) is amended to read as
follows:
(1)(a) This act ((is)) and section 4, chapter . . ., Laws of 2006
(section 4 of this act) are contingent upon the siting and commercial
operation of a significant semiconductor microchip fabrication facility
in the state of Washington.
(b) For the purposes of this section:
(i) "Commercial operation" means the same as "commencement of
commercial production" as used in RCW 82.08.965.
(ii) "Semiconductor microchip fabrication" means "manufacturing
semiconductor microchips" as defined in RCW 82.04.426.
(iii) "Significant" means the combined investment of new buildings
and new machinery and equipment in the buildings, at the commencement
of commercial production, will be at least one billion dollars.
(2) This act takes effect the first day of the month in which a
contract for the construction of a significant semiconductor
fabrication facility is signed, as determined by the director of the
department of revenue.
(3)(a) The department of revenue shall provide notice of the
effective date of this act to affected taxpayers, the legislature, and
others as deemed appropriate by the department.
(b) If, after making a determination that a contract has been
signed and this act is effective, the department discovers that
commencement of commercial production did not take place within three
years of the date the contract was signed, the department shall make a
determination that this act is no longer effective, and all taxes that
would have been otherwise due shall be deemed deferred taxes and are
immediately assessed and payable from any person reporting tax under
RCW 82.04.240(2) or claiming an exemption or credit under section 2 or
5 through 10 of this act. The department is not authorized to make a
second determination regarding the effective date of this act.
NEW SECTION. Sec. 7 Sections 1 through 3 and 5 of this act take
effect January 1, 2007."
EFFECT: Allows the lower B&O rate for any extractor or manufacturer of the timber or wood product, not just in-state extractors and manufacturers. Phases in a lower B&O rate; 0.3872 percent applies from January 1, 2007, to January 1, 2009, and 0.2904 percent applies from January 1, 2009, through July 1, 2024. Allows the lower B&O rates for those who manufacture timber products from timber, however, manufacturers making sales at wholesale of timber products and wood products are not subject to the lower B&O rate. Changes the effective date of the bill from July 1, 2006, to January 1, 2007.