Washington Business Fall 2015 | Legislative Review | Page 39

issue area reports | taxation TAX INCENTIVES THAT EXPIRE IN 2015 EXPIRATION High Technology R&D (Sales and Use Tax) Jan. 1, 2015 High Technology R&D (B&O Tax) Jan. 1, 2015 Bonneville Power Administration Program (B&O Tax) June 30, 2015 Forest Derived Biomass (B&O Tax) June 30, 2015 Biodiesel and E85 Fuel Sales (B&O Tax) July 1, 2015 Biodiesel and E85 Fuel Distribution (Sales and Use Tax) July 1, 2015 Truck Auxiliary Power — Batteries and Infrastructure (Sales and Use Tax) July 1, 2015 Truck Auxiliary Power — Enabling Parked Operation (Sales and Use Tax) July 1, 2015 Bad Debts (Fuel Tax) July 1, 2015 Biodiesel and Alcohol Fuel Production Facilities (Leasehold Excise Tax) Dec. 31, 2015 Biodiesel and Alcohol Fuel Production Facilities (Property Tax) Dec. 31, 2015 Wood Biomass Fuel Production Facilities (Leasehold Excise Tax) Dec. 31, 2015 Wood Biomass Fuel Production Facilities (Property Tax) Dec. 31, 2015 Components of SB 6057 1. Extends the expiration date of tax preferences for food processors. 2. Provides a sales and use tax exemption for eligible server equipment in certain data centers. 3. Creating a pilot program that provides a sales and use tax deferral on the construction of manufacturing facilities. 4. Extends tax preferences for aluminum smelters. 5. Extends the preferential business and occupation tax rate for newspapers. 6. Provides reduced public utility tax rate for log transportation businesses. 7. Provides a use tax exemption to nonresident entity owned vessels. 8. Modifies the distribution of aircraft excise taxes. 9. Provides a business and occupation tax credit for businesses that hire veterans. 10. Permanently extends tax preferences to honey bee products. 11. Permanently extends a sales and use tax exemption for wax, ceramic materials, and labor related to the Bill considered as part of AWB’s voting record creation of investment castings used in industrial applications. 12. Provides business and occupation tax exemption for hazardous substances warehoused but not otherwise used in the state. 13. Modifies a property tax exemption for property owned by nonprofit fair associations. 14. Changes the administration of unclaimed property laws. 15. Removes the expiration date for the sales and use tax exemption for wax and ceramic materials. The extension of these tax incentives were subject to great political debate as lawmakers finalized their budget agreement. While these incentives were enacted, thirteen were allowed to expire. budget, while the House relied on $1.5 billion in new and higher taxes to balance their budget. The final budget deal included tax increases totaling $200 million. There were five parts to the tax bill: • Increases the business and occupation tax on royalties to 1.5 percent; • Establishes click-through nexus; • Adds wholesaling to the economic nexus definition; • Removes the machinery and equipment tax exemption for certain computer software manufacturers with more than 40,000 employees; and • Increases late penalties for excise taxes by 4 percent. AWB testified in opposition to these taxes at various points during the session. The tax increase on royalties will triple the business and occupation taxes paid by these companies which is a significant increase for any taxpayer. Adding wholesaling to the economic nexus standard puts Washington further out of step with the rest of the nation that uses a physical presence standard. The increase to late paid taxes will exacerbate the problems facing small businesses when faced with a tax bill they feel is incorrect or when faced with other economic difficulties. Finally, when lawmakers tinker with the highly successful manufacturing sales and use tax exemption we are concerned about how those changes will hurt our competitiveness. The Senate passed the bill by a vote of 35-10 and the House 60-38. additional information SB 6138 State map of tobacco taxes and smuggling rates: http://bit.ly/cigarettetax Passed/AWB Opposed Budget details: http://bit.ly/budgetdetails tax increases Throughout the regular and second special session, the Senate Republican majority refused to include tax increases in their Favorable outcome for Washington businesses List of tax bills introduced: http://bit.ly/2015taxbills Missed Opportunities special edition 2015 37