EHB 1902 -
By Committee on Agriculture & Rural Economic Development
OUT OF ORDER 04/20/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 82.08.855 and 2006 c 172 s 1 are each amended to read
as follows:
(1) The tax levied by RCW 82.08.020 does not apply to the sale to
an eligible farmer of:
(a) Replacement parts for qualifying farm machinery and equipment;
(b) Labor and services rendered in respect to the installing of
replacement parts exempt under (a) of this subsection, regardless of
whether items excluded from the definition of replacement parts in
subsection (3)(f)(ii) of this section are installed, incorporated, or
placed in qualifying farm machinery and equipment during the course of
the installation; and
(c) Labor and services rendered in respect to the repairing of
qualifying farm machinery and equipment, provided that during the
course of repairing no tangible personal property is installed,
incorporated, or placed in, or becomes an ingredient or component of,
the qualifying farm machinery and equipment other than: (i)
Replacement parts exempt under (a) of this subsection; and (ii) items
excluded from the definition of replacement parts in subsection
(3)(f)(ii) of this section.
(2) ((Notwithstanding anything to the contrary in this chapter, if
replacement parts are installed by the seller during the course of
repairing, cleaning, altering, or improving qualifying farm machinery
and equipment and the seller makes a separate charge for the parts, the
tax levied by RCW 82.08.020 does not apply to the separately stated
charge to an eligible farmer for replacement parts but only if the
separately stated charge does not exceed either the seller's current
publicly stated retail price for the parts or, if no separately stated
retail price is available, the seller's cost for the parts. However,
the exemption provided by this section shall not apply if replacement
parts are installed by the seller during the course of repairing,
cleaning, altering, or improving qualifying farm machinery and
equipment and the seller makes a single nonitemized charge for
providing the parts and service.))(a) A person claiming an exemption under this section must
keep records necessary for the department to verify eligibility under
this section. An exemption is available only when the buyer provides
the seller with an exemption certificate issued by the department
containing such information as the department requires. The exemption
certificate shall be in a form and manner prescribed by the department.
The seller shall retain a copy of the certificate for the seller's
files.
(3)
(b) The department shall provide an exemption certificate to an
eligible farmer or renew an exemption certificate, upon application by
that eligible farmer. The application must be in a form and manner
prescribed by the department and shall contain the following
information as required by the department:
(i) The name and address of the applicant;
(ii) The uniform business identifier or tax reporting account
number of the applicant, if the applicant is required to be registered
with the department;
(iii) The type of farming engaged in;
(iv) Either a copy of the applicant's information as provided in
(b)(iv)(A) of this subsection or a declaration as provided in
(b)(iv)(B) of this subsection, as elected by the applicant.
(A) A copy of the applicant's Schedule F of Form 1040, Form 1120,
or other applicable form filed with the internal revenue service
indicating the gross sales of agricultural products by the applicant in
the calendar year immediately preceding the year that the application
was made to the department. If application is made before the due date
of the applicant's federal income tax return for the prior calendar
year, or any extension of the due date, the applicant shall provide a
copy of the appropriate federal income tax form that was due for the
second calendar year immediately preceding the year that the
application is made to the department. If the applicant is not
required to file federal income tax returns, the department may require
the applicant to provide copies of other documents establishing the
amount of the applicant's gross sales of agricultural products for the
relevant calendar year;
(B) A declaration signed under penalty of perjury as provided in
RCW 9A.72.085 that the applicant is an eligible farmer as defined in
subsection (3)(b) of this section. Any person who knowingly makes a
materially false statement on an application submitted to the
department under the provisions of this section shall be guilty of
perjury in the second degree under chapter 9A.72 RCW. In addition, the
person is liable for payment of any taxes for which an exemption under
this section was claimed, with interest at the rate provided for
delinquent taxes, retroactively to the date the exemption was claimed,
and penalties as provided under chapter 82.32 RCW;
(v) The name of the individual authorized to sign the certificate,
printed in a legible fashion;
(vi) The signature of the authorized individual; and
(vii) Other information the department may require to verify the
applicant's eligibility for the exemption.
(c)(i) Except as otherwise provided in this section, exemption
certificates take effect on the date issued by the department are not
transferable and are valid for the remainder of the calendar year in
which the certificate is issued and the following four calendar years.
The department shall attempt to notify holders of exemption
certificates of the impending expiration of the certificate at least
sixty days before the certificate expires and shall provide an
application for renewal of the certificate.
(ii) When a certificate holder merely changes identity or form of
ownership of an entity and there is no change in beneficial ownership,
the exemption certificate shall be transferred to the new entity upon
notice to the department by the transferor or transferee.
(d)(i) Exemption certificates issued to persons who are eligible
farmers under subsection (((4))) (3)(b)(iii) of this section are
conditioned on the person making at least ten thousand dollars of gross
sales of agricultural products grown, raised, or produced by that
person in the first full calendar year that the person engages in
business as a farmer.
(ii) A person who is issued a conditional exemption certificate
must provide the department with a copy of the person's Schedule F of
Form 1040, Form 1120, or other applicable form filed with the internal
revenue service indicating the gross sales of agricultural products by
the person in the first full calendar year that the person engaged in
business as a farmer. If a person is not required to file federal
income tax returns, the person shall provide copies of other documents
establishing the amount of the person's gross sales of agricultural
products for the first full calendar year that the person engaged in
business as a farmer. The documentation required in this subsection
(((3))) (2)(d)(ii) is due no later than December 31st of the year
immediately following the first full calendar year in which the person
engaged in business as a farmer.
(iii) If a person fails to provide the required documentation to
the department by the due date or any extension granted by the
department, or if the condition in (d)(i) of this subsection is not
met, the department shall revoke the exemption certificate. The
department shall notify the person in writing of the revocation and the
person's responsibility, and due date, for ((repayment)) payment of any
taxes for which an exemption under this section was claimed. Any taxes
for which an exemption under this section was claimed shall be due and
payable within thirty days of the date of the notice revoking the
certificate. The department shall assess interest on the taxes for
which the exemption was claimed. Interest shall be assessed at the
rate provided for delinquent excise taxes under chapter 82.32 RCW,
retroactively to the date the exemption was claimed, and shall accrue
until the taxes for which the exemption was claimed are repaid.
Penalties shall not be imposed on any tax required to be repaid if full
payment is received by the due date. Nothing in this subsection
(((3))) (2)(d) prohibits a person from reapplying for an exemption
certificate.
(((4))) (3) The definitions in this subsection apply to this
section.
(a) "Agricultural products" has the meaning provided in RCW
82.04.213.
(b) "Eligible farmer" means:
(i) A farmer as defined in RCW 82.04.213 whose gross proceeds of
sales or harvested value of agricultural products grown, raised, or
produced by that person is at least ten thousand dollars in the
calendar year immediately preceding the year in which ((a claim of
exemption is made under this section)) an application for exemption
under this section is submitted to the department;
(ii) The transferee of an exemption certificate under subsection
(((3))) (2)(c)(ii) of this section where the transferred certificate
expires before the transferee engages in farming operations for a full
calendar year, if the combined gross proceeds of sales ((by)) or
harvested value of agricultural products that the transferor and
transferee ((of agricultural products that they)) have grown, raised,
or produced meet the requirements of (b)(i) of this subsection;
(iii) A farmer as defined in RCW 82.04.213, who does not meet the
definition of "eligible farmer" in (b)(i) or (ii) of this subsection,
and who did not engage in farming for the entire calendar year
immediately preceding the year in which application for exemption under
this section is made and who did not engage in farming in any other
year;
(iv) Anyone who otherwise meets the definition of "eligible farmer"
in this subsection except that they are not a "person" as defined in
RCW 82.04.030.
(c) "Farm vehicle" has the same meaning as in RCW 46.04.181.
(d) "Harvested value" means the number of units of the agricultural
product that were grown, raised, or produced, multiplied by the average
sales price of the agricultural product. For purposes of this
subsection (3)(d), "average sales price" means the average price per
unit of agricultural product received by farmers in this state as
reported by the United States department of agriculture's national
agricultural statistics service for the twelve-month period that
coincides with, or that begins or ends closest to, the calendar year
immediately preceding the calendar year during which an application for
exemption under this section is submitted to the department or the
first full calendar year during which a person engages in business as
a farmer, as the case may be, regardless of whether the prices are
subject to revision. If the price per unit of an agricultural product
received by farmers in this state is not available from the national
agricultural statistics service, average sales price may be determined
by using the average price per unit of agricultural product received by
farmers in this state as reported by a recognized authority for the
agricultural product.
(e) "Qualifying farm machinery and equipment" means machinery and
equipment used primarily for growing, raising, or producing
agricultural products. "Qualifying farm machinery and equipment" does
not include:
(i) ((Farm vehicles and other)) Vehicles as ((those terms are
defined in chapter 46.04 RCW, except)) defined in RCW 46.04.670, other
than farm tractors as defined in RCW 46.04.180, farm vehicles, and
other farm implements. For purposes of this subsection (((4)(c)))
(3)(e)(i), "farm implement" means machinery or equipment manufactured,
designed, or reconstructed for agricultural purposes and used primarily
by an eligible farmer to grow, raise, or produce agricultural products,
but does not include lawn tractors and all-terrain vehicles;
(ii) Aircraft;
(iii) Hand tools and hand-powered tools; and
(iv) Property with a useful life of less than one year.
(((d))) (f)(i) "Replacement parts" means those parts that replace
an existing part, or which are essential to maintain the working
condition, of a piece of qualifying farm machinery or equipment.
((However,))
(ii) "Replacement parts" ((shall)) do not include paint, fuel, oil,
grease, hydraulic fluids, antifreeze, and similar items.
Sec. 2 RCW 82.12.855 and 2006 c 172 s 2 are each amended to read
as follows:
(1) The provisions of this chapter do not apply in respect to the
use by an eligible farmer of:
(a) Replacement parts for qualifying farm machinery and equipment;
(b) Labor and services rendered in respect to the installing of
replacement parts exempt under (a) of this subsection, regardless of
whether items excluded from the definition of replacement parts in RCW
82.08.855(3)(f)(ii) are installed, incorporated, or placed in
qualifying farm machinery and equipment during the course of the
installation; and
(c) Labor and services rendered in respect to the repairing of
qualifying farm machinery and equipment, provided that during the
course of repairing no tangible personal property is installed,
incorporated, or placed in, or becomes a component of, the qualifying
farm machinery and equipment other than: (i) Replacement parts exempt
under (a) of this subsection; and (ii) items excluded from the
definition of replacement parts in RCW 82.08.855(3)(f)(ii).
(2) ((Notwithstanding anything to the contrary in this chapter, if
replacement parts are installed by the seller during the course of
repairing, cleaning, altering, or improving qualifying farm machinery
and equipment and the seller makes a separate charge for the parts, the
tax imposed by this chapter does not apply to the separately stated
charge to an eligible farmer for replacement parts but only if the
separately stated charge does not exceed either the seller's current
publicly stated retail price for the parts or, if no separately stated
retail price is available, the seller's cost for the parts. However,
the exemption provided by this section shall not apply if replacement
parts are installed by the seller during the course of repairing,
cleaning, altering, or improving qualifying farm machinery and
equipment and the seller makes a single nonitemized charge for
providing the parts and service.)) The definitions and recordkeeping requirements in RCW
82.08.855, other than the exemption certificate requirement, apply to
this section."
(3)
EHB 1902 -
By Committee on Agriculture & Rural Economic Development
OUT OF ORDER 04/20/2007
On page 1, line 2 of the title, after "equipment;" strike the remainder of the title and insert "amending RCW 82.08.855 and 82.12.855; and prescribing penalties."