Effective Date of Rule: Immediately.
Purpose: Part I of chapter 23, 2010 Laws 1st sp. sess. (2ESSB 6143) changed the apportionment and nexus requirements for apportionable activities, effective June 1, 2010. The department has adopted the following emergency rules to explain how these requirements apply:
• WAC 458-20-19401 (Rule 19401) Minimum nexus thresholds for apportionable activities.
• WAC 458-20-19402 (Rule 19402) Single factor receipts apportionment -- Generally.
• WAC 458-20-19403 (Rule 19403) Single factor receipts apportionment -- Royalties.
• WAC 458-20-19404 (Rule 19404) Financial institutions -- Income apportionment.
Changes from the previous emergency rules filed October 1, 2010, under WSR 10-20-104 were made in the following subsections:
• Rule 19401 - No changes.
• Rule 19402 - Subsection (5) Attribution of income.
• Rule 19403 - Subsection (5) How are royalty receipts attributed to Washington.
• Rule 19404 - No changes.
Statutory Authority for Adoption: RCW 82.32.300 and 82.01.060(2).
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: An emergency adoption of these new rules is necessary because permanent rules cannot be adopted at this time.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 4, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: January 28, 2011.
Alan R. Lynn
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 11-05 issue of the Register.