(1)(a) Any person involved in the
construction of the state route number 520 bridge replacement and
HOV project may apply for deferral of state and local sales and
use taxes on the site preparation for, the construction of, the
acquisition of any related machinery and equipment that will
become a part of, and the rental of equipment for use in, the
project.
(b) Application shall be made to the department of revenue
in a form and manner prescribed by the department of revenue.
The application must contain information regarding estimated or
actual costs, time schedules for completion and operation, and
other information required by the department of revenue. The
department of revenue shall approve the application within sixty
days if it meets the requirements of this section.
(2) The department of revenue shall issue a sales and use
tax deferral certificate for state and local sales and use taxes
imposed or authorized under chapters 82.08, 82.12, and 82.14 RCW
and RCW 81.104.170 on the project.
(3) A person granted a tax deferral under this section shall
begin paying the deferred taxes in the fifth year after the date
certified by the department of revenue as the date on which the
project is operationally complete. The project is operationally
complete under this section when the replacement bridge is
constructed and opened to traffic. The first payment is due on
December 31st of the fifth calendar year after the certified
date, with subsequent annual payments due on December 31st of the
following nine years. Each payment shall equal ten percent of
the deferred tax.
(4) The department of revenue may authorize an accelerated
repayment schedule upon request of a person granted a deferral
under this section.
(5) Interest shall not be charged on any taxes deferred
under this section for the period of deferral, although all other
penalties and interest applicable to delinquent excise taxes may
be assessed and imposed for delinquent payments under this
section. The debt for deferred taxes is not extinguished by
insolvency or other failure of any private entity granted a
deferral under this section.
(6) Applications and any other information received by the
department of revenue under this section are not confidential and
are subject to disclosure. Chapter 82.32 RCW applies to the
administration of this section.
(7) For purposes of this section, "person" has the same
meaning as in RCW 82.04.030 and also includes the department of
transportation.
[2008 c 270 § 7.]
NOTES:
Finding -- 2008 c 270: See note following RCW 47.01.408.