SHB 1299 -
By Committee on Ways & Means
ADOPTED 04/14/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that a number of tax
exemptions, deductions, credits, and other preferences have outlived
their usefulness. State records show no taxpayers have claimed relief
under these tax preferences in recent years. The intent of this act is
to update and simplify the tax statutes by repealing these outdated tax
preferences.
Sec. 2 RCW 15.76.165 and 1973 c 117 s 1 are each amended to read
as follows:
Any county which owns or leases property from another governmental
agency and provides such property for area or county and district
agricultural fair purposes may apply to the director for special
assistance in carrying out necessary capital improvements to such
property and maintenance of the appurtenances thereto((, and in the
event such property and capital improvements are leased to any
organization conducting an agricultural fair pursuant to chapter 15.76
RCW and chapter 257 of the Laws of 1955, such leasehold and such leased
property shall be exempt from real and personal property taxation)).
Sec. 3 RCW 43.52.460 and 1971 ex.s. c 75 s 1 are each amended to
read as follows:
Any joint operating agency formed under this chapter shall pay in
lieu of taxes payments in the same amounts as paid by public utility
districts. Such payments shall be distributed in accordance with the
provisions applicable to public utility districts((: PROVIDED,
HOWEVER, That such tax shall not apply to steam generated electricity
produced by a nuclear steam powered electric generating facility
constructed or acquired by a joint operating agency and in operation
prior to May 17, 1971)).
Sec. 4 RCW 82.04.260 and 2003 2nd sp.s. c 1 s 4 and 2003 2nd
sp.s. c 1 s 3 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) By canning, preserving, freezing, processing, or dehydrating
fresh fruits and vegetables, or selling at wholesale fresh fruits and
vegetables canned, preserved, frozen, processed, or dehydrated by the
seller 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 shall be equal to the value of the
products canned, preserved, frozen, processed, or dehydrated 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) 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;
(e) 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. This subsection (1)(e) expires July 1,
2009; and
(f) 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 making sales, at retail or wholesale, of nuclear fuel assemblies
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 assemblies multiplied by the rate of 0.275 percent.)) 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 the business of
manufacturing nuclear fuel assemblies, 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 0.275 percent.
(7)
(((8))) (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.
(((9))) (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.
(((10))) (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.
(((11))) (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.
(((12))) (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.
(((13))) (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 (((13))) (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 (((13))) (11)
must report as required under RCW 82.32.545.
(e) This subsection (((13))) (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.
Sec. 5 RCW 82.08.0255 and 1998 c 176 s 4 are each amended to read
as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales of((:)) motor vehicle and special fuel if:
(a) Motor vehicle fuel used in aircraft by the manufacturer thereof
for research, development, and testing purposes; and
(b)
(((i))) (a) The fuel is purchased for the purpose of public
transportation and the purchaser is entitled to a refund or an
exemption under RCW 82.36.275 or 82.38.080(3); or
(((ii))) (b) The fuel is purchased by a private, nonprofit
transportation provider certified under chapter 81.66 RCW and the
purchaser is entitled to a refund or an exemption under RCW 82.36.285
or 82.38.080(1)(h); or
(((iii))) (c) The fuel is taxable under chapter 82.36 or 82.38 RCW.
(2) Any person who has paid the tax imposed by RCW 82.08.020 on the
sale of special fuel delivered in this state shall be entitled to a
credit or refund of such tax with respect to fuel subsequently
established to have been actually transported and used outside this
state by persons engaged in interstate commerce. The tax shall be
claimed as a credit or refunded through the tax reports required under
RCW 82.38.150.
Sec. 6 RCW 82.12.0256 and 1998 c 176 s 5 are each amended to read
as follows:
The provisions of this chapter shall not apply in respect to the
use of:
(1) ((Motor vehicle fuel used in aircraft by the manufacturer
thereof for research, development, and testing purposes; and)) Special fuel purchased in this state upon which a refund is
obtained as provided in RCW 82.38.180(2); and
(2)
(((3))) (2) Motor vehicle and special fuel if:
(a) The fuel is used for the purpose of public transportation and
the purchaser is entitled to a refund or an exemption under RCW
82.36.275 or 82.38.080(3); or
(b) The fuel is purchased by a private, nonprofit transportation
provider certified under chapter 81.66 RCW and the purchaser is
entitled to a refund or an exemption under RCW 82.36.285 or
82.38.080(1)(h); or
(c) The fuel is taxable under chapter 82.36 or 82.38 RCW:
PROVIDED, That the use of motor vehicle and special fuel upon which a
refund of the applicable fuel tax is obtained shall not be exempt under
this subsection (((3))) (2)(c), and the director of licensing shall
deduct from the amount of such tax to be refunded the amount of tax due
under this chapter and remit the same each month to the department of
revenue.
NEW SECTION. Sec. 7 The following acts or parts of acts are each
repealed:
(1) RCW 82.35.010 (Intent) and 1979 ex.s. c 191 s 1;
(2) RCW 82.35.020 (Definitions) and 1996 c 186 s 521 & 1979 ex.s.
c 191 s 2;
(3) RCW 82.35.040 (Issuance of certificate -- Limitations -- Tabulation
of costs incurred -- Administrative rules) and 1982 1st ex.s. c 2 s 3 &
1979 ex.s. c 191 s 4;
(4) RCW 82.35.050 (Credit against taxes -- Conditions -- Amount--Limitations) and 1982 1st ex.s. c 2 s 1 & 1979 ex.s. c 191 s 5;
(5) RCW 82.35.070 (Issuance of certificate or supplement and notice
of refusal to issue certificate or supplement -- Certified mail) and 1979
ex.s. c 191 s 7;
(6) RCW 82.35.080 (Revocation of certificate -- Grounds -- Continuance
of certificate -- Liability for money saved -- Technical assistance) and
1999 c 358 s 15, 1996 c 186 s 522, & 1979 ex.s. c 191 s 8;
(7) RCW 82.35.900 (Severability -- 1979 ex.s. c 191) and 1979 ex.s.
c 191 s 13;
(8) RCW 82.61.010 (Definitions) and 1995 1st sp.s. c 3 s 10, 1994
c 125 s 1, 1988 c 41 s 1, 1987 c 497 s 1, 1986 c 116 s 9, & 1985 ex.s.
c 2 s 1;
(9) RCW 82.61.030 (Tax deferral -- Eligibility) and 1987 c 497 s 3 &
1985 ex.s. c 2 s 3;
(10) RCW 82.61.050 (Issuance of tax deferral certificate) and 1985
ex.s. c 2 s 4;
(11) RCW 82.61.060 (Repayment schedule) and 1987 c 497 s 4 & 1985
ex.s. c 2 s 5;
(12) RCW 82.61.080 (Applicability of general administrative
provisions) and 1985 ex.s. c 2 s 7;
(13) RCW 82.61.090 (Applications and information subject to
disclosure) and 1987 c 49 s 2;
(14) RCW 82.61.900 (Severability -- 1987 c 497) and 1987 c 497 s 5;
(15) RCW 82.61.901 (Severability -- 1988 c 41) and 1988 c 41 s 6;
(16) RCW 48.14.029 (Premium tax credit -- New employment for
international service activities in eligible areas -- Designation of
census tracts for eligibility -- Records -- Tax due upon ineligibility--Interest assessment -- Information from employment security department)
and 2003 c 248 s 3 & 1998 c 313 s 3;
(17) RCW 82.04.4329 (Deductions -- Health insurance pool members--Deficit assessments) and 1987 c 431 s 24;
(18) RCW 82.08.0276 (Exemptions -- Sales of wearing apparel for use
only as a sample for display for sale) and 1980 c 37 s 42;
(19) RCW 82.08.0295 (Exemptions -- Lease amounts and repurchase
amount for certain property under sale/leaseback agreement) and 1986 c
231 s 3;
(20) RCW 82.12.0295 (Exemptions -- Lease amounts and repurchase
amount for certain property under sale/leaseback agreement) and 1986 c
231 s 4;
(21) RCW 82.12.02545 (Exemption -- Use of naval aircraft training
equipment transferred due to base closure) and 1995 c 128 s 1; and
(22) RCW 84.56.450 (Year 2000 failure -- No interest or penalties--Payment of tax) and 1999 c 369 s 6.
NEW SECTION. Sec. 8 This act takes effect July 1, 2006."
SHB 1299 -
By Committee on Ways & Means
ADOPTED 04/14/2005
On page 1, line 1 of the title, after "preferences;" strike the remainder of the title and insert "amending RCW 15.76.165, 43.52.460, 82.08.0255, and 82.12.0256; reenacting and amending RCW 82.04.260; creating a new section; repealing RCW 82.35.010, 82.35.020, 82.35.040, 82.35.050, 82.35.070, 82.35.080, 82.35.900, 82.61.010, 82.61.030, 82.61.050, 82.61.060, 82.61.080, 82.61.090, 82.61.900, 82.61.901, 48.14.029, 82.04.4329, 82.08.0276, 82.08.0295, 82.12.0295, 82.12.02545, and 84.56.450; and providing an effective date."