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82.08.026  <<  82.08.0261 >>   82.08.0262

RCW 82.08.0261

Exemptions — Sales of personal property for use connected with private or common carriers in interstate or foreign commerce. (Effective until July 1, 2015.)

The tax levied by RCW 82.08.020 shall not apply to sales of tangible personal property (other than the type referred to in RCW 82.08.0262) for use by the purchaser in connection with the business of operating as a private or common carrier by air, rail, or water in interstate or foreign commerce: PROVIDED, That any actual use of such property in this state shall, at the time of such actual use, be subject to the tax imposed by chapter 82.12 RCW.

[1980 c 37 § 28. Formerly RCW 82.08.030(10).]

Notes:

     Intent -- 1980 c 37: See note following RCW 82.04.4281.

     

RCW 82.08.0261

Exemptions — Sales of personal property for use connected with private or common carriers in interstate or foreign commerce. (Effective July 1, 2015.)

(1) Except as otherwise provided in this section, the tax levied by RCW 82.08.020 does not apply to sales of tangible personal property (other than the type referred to in RCW 82.08.0262) for use by the purchaser in connection with the business of operating as a private or common carrier by air, rail, or water in interstate or foreign commerce. However, any actual use of such property in this state is, at the time of such actual use, subject to the tax imposed by chapter 82.12 RCW.

     (2)(a) With respect to the sale of liquefied natural gas to a business operating as a private or common carrier by water in interstate or foreign commerce, the buyer is entitled to a partial exemption from the tax levied by RCW 82.08.020 and the associated local sales taxes. The exemption under this subsection (2) is for the state and local retail sales taxes on ninety percent of the amount of the liquefied natural gas transported and consumed outside this state by the buyer.

     (b) Sellers are relieved of the obligation to collect the state and local retail sales taxes on sales eligible for the partial exemption provided in this subsection (2) to buyers who are registered with the department if the seller:

     (i) Obtains a completed exemption certificate from the buyer, which must include the buyer's tax registration number with the department; or

     (ii) Captures the relevant data elements as allowed under the streamlined sales and use tax agreement, including the buyer's tax registration number with the department.

     (c) Buyers entitled to a partial exemption under this subsection (2) must either:

     (i) Pay the full amount of state and local retail sales tax to the seller on the sale, including the amount of tax qualifying for exemption under this subsection (2), and then request a refund of the exempted portion of the tax from the department within the time allowed for making refunds under RCW 82.32.060; or

     (ii) If the seller did not collect the retail sales tax from the buyer, remit to the department the state and local retail sales taxes due on all liquefied natural gas consumed in this state and on ten percent of the liquefied natural gas that is transported and consumed outside of this state.

     (3) This section does not apply to the sale of liquefied natural gas on or after July 1, 2028, for use as fuel in any marine vessel.

[2014 c 216 § 405; 1980 c 37 § 28. Formerly RCW 82.08.030(10).]

Notes:

     Effective date -- Findings -- Tax preference performance statement -- 2014 c 216: See notes following RCW 82.38.030.

     Intent -- 1980 c 37: See note following RCW 82.04.4281.