In the most recent Washington legislative session, lawmakers declined to extend several important research and development (R&D) tax incentives in Washington. The High Technology B&O Tax Credit for R&D Spending and the High Technology Sales and Use Tax Deferral/Waiver, will expire December 31, 2014. While there is some possibility these incentives will be restored in 2015, taxpayers should proceed as if these incentives will expire permanently at December 31, 2014.

Many taxpayers know of the high technology B&O tax credit, which provides a B&O tax credit of roughly 1.5% of taxpayer’s research and development expenditures. Although not as well known, the high technology sales and use tax deferral is also a valuable incentive to high-technology businesses investing in research and development facilities. Although the Read More

All of the energy and focus on the Marketplace Fairness Act (MFA) has lulled many online sellers into a false belief that they do not need to collect retail sales tax on their online sales until Congress takes action on the MFA. What many online sellers forget is that states can still require online sellers to collect retail sales tax if the online sellers have physical presence nexus in a state. Further, this physical presence nexus need not be necessarily connected with their online sales.

Recently, I have worked with a number of companies facing significant tax exposure for uncollected retail sales tax on their online sales. Although these sales are generated exclusively from customers developed over the Internet, these companies failed to recognize that physical presence of their employees or representatives pursuing wholesale sales Read More

Creating a not so Happy New Year for out-of-state taxpayers, the Court of Appeals for Division II found that Space Age Fuels, Inc. (Space Age) had nexus for Washington B&O tax based on the delivery of fuels to Washington customers in company owned trucks. Space Age Fuels, Inc. v. Washington, Docket No. 44195-1, Court of Appeals Division II (12/31/2013).

Space Age, a corporation maintaining its principal place of business in Oregon, operates a wholesale and retail fuel business. While all of its fuel stations are located in Oregon, Space Age had about 40 wholesale customers in Washington. The Washington customers would place an order via telephone, fax or email. Space Age quoted a price for fuel and a separate price for delivery of the fuel, which varied according to distance. Read More

Money GiftA recent Washington excise tax determination points out the need for sellers to be careful when bundling retail sales taxable and service taxable activities into a single package or bundle. In Det. No. 13-0059, 32 WTD 232 (2013) the Department of Revenue held that wedding packages were subject to retail sales tax despite the inclusion of non-taxable services within the wedding package.

The taxpayer sold wedding package that included facility rental, decorations, furnishings, catering and linens. The administrative law judge agreed with the taxpayer that amounts received for facility rentals are licenses to use real property that are subject to services B&O, but not retail sales tax. However, this facility rental was bundled with a number of other items that are clearly subject to retail sales tax, such as catering.

The determination notes that prior to July 1, 2008 Washington used a “true object” test to determine whether a bundle of items and services were subject to retail sales tax. For periods after July 1, 2008 there is a specific bundling rule that must be followed. This rule provides in general that if a bundle of property and services are sold for a single itemized price that includes items that are subject to retail sales tax and items that are not, the entire bundle is subject to retail sales tax. Read More