WSR 99-19-132

PROPOSED RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed September 21, 1999, 3:44 p.m. ]

Supplemental Notice to WSR 99-05-068.

Preproposal statement of inquiry was filed as WSR 97-16-012.

Title of Rule: Predecessor-successor relationship and requests of partial successors, chapter 50.29 RCW.

Purpose: See CR-102 filed February 17, 1999, as WSR 99-05-068.

Other Identifying Information: A joint hearing is being scheduled for both rules as they derive from WAC 192-12-072 which is being repealed.

Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.

Statute Being Implemented: Chapter 50.29 RCW.

Summary: See CR-102 filed February 17, 1999, as WSR 99-05-068.

Reasons Supporting Proposal: The proposed regulations will clarify these situations for employers.

Name of Agency Personnel Responsible for Drafting: George Mante, 212 Maple Park, Olympia, WA 98507, (360) 902-9642; Implementation and Enforcement: Dale Ziegler, 212 Maple Park, Olympia, WA 98507, (360) 902-9303.

Name of Proponent: Employment Security Department, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See CR-102 filed February 17, 1999, as WSR 99-05-068 with the Code Reviser's Office.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules will not impact businesses in particular industries as defined in chapter 19.85 RCW, revised, but will impact all industries equally. In addition chapter 19.85 RCW, revised (RCW 19.85.025(3)) applies to paragraph below.

Section 201, chapter 403, Laws of 1995, applies to this rule adoption. The proposed rules will meet the intent of RCW 34.05.310. Public access will be through hearings and solicitation of comment from select stakeholders.

Hearing Location: Employment Security Department, UI Conference Room B, 4th Floor, 212 Maple Park, Olympia, WA 98504, on October 27, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact George Mante by October 20, 1999, (360) 902-9642.

Submit Written Comments to: George Mante, Tax Reform Coordinator, UI Tax Administration, P.O. Box 9046, Olympia, WA 98507-9046, fax (360) 902-9556, by October 26, 1999.

Date of Intended Adoption: November 17, 1999.

September 21, 1999

Carver Gayton

Commissioner


NEW SECTION
WAC 192-300-050
Predecessor-successor relationship defined.

This section applies only to those individuals and organizations that meet the definition of an employer contained in RCW 50.04.080.

(1) Predecessor. You are a "predecessor" if, during any calendar year, you transfer any of the following to another individual or organization:

(a) All, or a portion, of your operating assets as defined in subsection (3) below; or

(b) A separate unit or branch of your trade or business.

(2) Successor. You are a "successor" if, during any calendar year, you acquire substantially all of a predecessor employer's operating assets. You are a "partial successor" if, during any calendar year, you acquire:

(a) A portion of a predecessor employer's operating assets, or

(b) A separate unit or branch of a predecessor employer's trade or business.

(3) Operating assets. "Operating assets" include the properties you use in the normal course of business operations to generate your operating income. They may include properties that are real or personal, and tangible or intangible. Examples include land, buildings, machinery, equipment, stock of goods, merchandise, fixtures, or goodwill. Employees are not operating assets.

(4) Transfer of assets. Transfers from a predecessor to a successor employer may occur by sale, lease, gift, or any legal process, except those listed in subsection (5) below.

(5) Exceptions. A predecessor-successor relationship will not exist:

(a) For the purposes of Chapter 50.24 RCW (payment of taxes). When the property is acquired through court proceedings, including bankruptcies, to enforce a lien, security interest, judgment, or repossession under a security agreement unless the court specifies otherwise;

(b) For the purposes of Chapter 50.29 RCW (experience rating), when any four consecutive quarters, one of which includes the acquisition date, pass without reportable employment by either the predecessor, successor, or a combination of both.

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NEW SECTION
WAC 192-320-050
Requirements or partial successors--Chapter 50.29 RCW.

(1) If you are a partial successor, you must return the partial transfer of experience letter provided to you by the department within thirty days of the mailing date. Your response must indicate the percentage of operating assets transferred to you as the partial successor.

(2) If you do not return the letter within thirty days, you will keep the tax rate class that was assigned to the predecessor employer for the remainder of the rate year. However, in the following calendar year you will receive the average industry rate. You will keep this rate until you qualify for a different rate in your own right.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 192-12-072 Predecessor-successor relationship defined.

Washington State Code Reviser's Office