(1) The streamlined sales and use tax
mitigation account is created in the state treasury. The state
treasurer shall transfer into the account from the general fund
amounts as directed in RCW 82.14.500. Expenditures from the
account may be used only for the purpose of mitigating the
negative fiscal impacts to local taxing jurisdictions as a result
of RCW 82.14.490 and the chapter 6, Laws of 2007 amendments to
RCW 82.14.020.
(2) Beginning July 1, 2008, the state treasurer, as directed
by the department, shall distribute the funds in the streamlined
sales and use tax mitigation account to local taxing
jurisdictions in accordance with RCW 82.14.500.
(3) The definitions in this subsection apply throughout this
section and RCW 82.14.390 and 82.14.500.
(a) "Agreement" means the same as in RCW 82.32.020.
(b) "Local taxing jurisdiction" means counties, cities,
transportation authorities under RCW 82.14.045, public facilities
districts under chapters 36.100 and 35.57 RCW, public
transportation benefit areas under RCW 82.14.440, and regional
transit authorities under chapter 81.112 RCW, that impose a sales
and use tax.
(c) "Loss" or "losses" means the local sales and use tax
revenue reduction to a local taxing jurisdiction resulting from
the sourcing provisions in *RCW 82.14.020 and the chapter 6,
Laws of 2007 amendments to RCW 82.14.020.
(d) "Net loss" or "net losses" means a loss offset by any
voluntary compliance revenue.
(e) "Voluntary compliance revenue" means the local sales tax
revenue gain to each local taxing jurisdiction reported to the
department from persons registering through the central
registration system authorized under the agreement.
(f) "Working day" has the same meaning as in RCW 82.45.180.
[2007 c 6 § 902.]
NOTES:
*Reviser's note: The reference to RCW 82.14.020 appears to be erroneous. Reference to section 503 of this act, codified as RCW 82.14.490, was apparently intended.
Findings -- Intent -- 2007 c 6: "(1) The legislature finds and
declares that:
(a) Washington state's participation as a member state in
the streamlined sales and use tax agreement benefits the state,
all its local taxing jurisdictions, and its retailing industry,
by increasing state and local revenues, improving the state's
business climate, and standardizing and simplifying the state's
tax structure;
(b) Participation in the streamlined sales and use tax
agreement is a matter of statewide concern and is in the best
interests of the state, the general public, and all local
jurisdictions that impose a sales and use tax under applicable
law;
(c) Participation in the streamlined sales and use tax
agreement requires the adoption of the agreement's sourcing
provisions, which change the location in which a retail sale of
delivered tangible personal property occurs for local sales tax
purposes from the point of origin to the point of destination;
(d) Changes in the local sales tax sourcing law provisions
to conform with the streamlined sales and use tax agreement will
cause sales tax revenues to shift among local taxing
jurisdictions. The legislature finds that there will be an
unintended adverse impact on local taxing jurisdictions that
receive less revenues because local tax revenues will be
redistributed, with revenue increases for some jurisdictions and
reductions for others, due solely to changes in local sales tax
sourcing rules to be implemented under RCW 82.14.490 and the
chapter 6, Laws of 2007 amendments to RCW 82.14.020, even though
no local taxing jurisdiction has changed its tax rate or tax
base;
(e) The purpose of providing mitigation to such
jurisdictions is to mitigate the unintended revenue
redistribution effect of the sourcing law changes among local
governments;
(f) It is in the best interest of the state and all its
subdivisions to mitigate the adverse effects of amending the
local sales tax sourcing provisions to be in conformance with the
streamlined sales and use tax agreement;
(g) Additionally, changes in sourcing laws may have negative
implications for industry sectors such as warehousing and
manufacturing, as well as jurisdictions that house a
concentration of these industries and have made zoning decisions,
infrastructure investments, bonding decisions, and land use
policy decisions based on point of origin sales tax rules in
place before July 1, 2008, and the mitigation provided by RCW 82.14.495, 82.14.500, 82.14.390, and 44.28.815 is intended to
help offset those negative implications; and
(h) It is important that the state of Washington maintain
its supply of industrial land for present and future economic
development activities, and local governments taking advantage of
the mitigation provided by RCW 82.14.495, 82.14.500, 82.14.390,
and 44.28.815 should strive to maintain the supply of industrial
land available for economic development efforts.
(2) The legislature intends that the streamlined sales and
use tax mitigation account established in RCW 82.14.495 have the
sole objective of mitigating, for negatively affected local
taxing jurisdictions, the net local sales tax revenue reductions
incurred as a result of RCW 82.14.490 and the chapter 6, Laws of
2007 amendments to RCW 82.14.020." [2007 c 6 § 901.]
Part headings not law -- Savings -- Effective date -- Severability -- 2007 c 6: See notes following RCW 82.32.020.