(1)
Application for deferral of taxes under this chapter can be made
at any time prior to completion of construction of a qualified
building or buildings, but tax liability incurred prior to the
department's receipt of an application may not be deferred. The
application must be made to the department in a form and manner
prescribed by the department. The application must contain
information regarding the location of the investment project, the
applicant's average employment in the state for the prior year,
estimated or actual new employment related to the project,
estimated or actual wages of employees related to the project,
estimated or actual costs, time schedules for completion and
operation, and other information required by the department. The
department must rule on the application within sixty days.
(2)(a) The legislature finds that accountability and
effectiveness are important aspects of setting tax policy. In
order to make policy choices regarding the best use of limited
state resources the legislature needs information on how a tax
incentive is used.
(b) Applicants for deferral of taxes under this chapter must
agree to complete an annual survey. If the economic benefits of
the deferral are passed to a lessee as provided in RCW 82.82.010(5), the lessee must agree to complete the annual survey
and the applicant is not required to complete the annual survey.
The survey is due by March 31st of the year following the
calendar year in which the investment project is certified by the
department as having been operationally complete and the seven
succeeding calendar years. The survey must include the amount of
tax deferred. The survey must also include the following
information for employment positions in Washington:
(i) The number of total employment positions;
(ii) Full-time, part-time, and temporary employment
positions as a percent of total employment;
(iii) The number of employment positions according to the
following wage bands: Less than thirty thousand dollars; thirty
thousand dollars or greater, but less than sixty thousand
dollars; and sixty thousand dollars or greater. A wage band
containing fewer than three individuals may be combined with
another wage band; and
(iv) The number of employment positions that have
employer-provided medical, dental, and retirement benefits, by
each of the wage bands.
(c) The department may request additional information
necessary to measure the results of the deferral program, to be
submitted at the same time as the survey.
(d) All information collected under this subsection, except
the amount of the tax deferral taken, is deemed taxpayer
information under RCW 82.32.330 and is not disclosable.
Information on the amount of tax deferral taken is not subject to
the confidentiality provisions of RCW 82.32.330 and may be
disclosed to the public upon request.
(3) The department must use the information to study the tax
deferral program authorized under this chapter. The department
must report to the legislature by December 1, 2014, and December
1, 2018. The reports must measure the effect of the program on
job creation, the number of jobs created for Washington
residents, company growth, the introduction of new products, the
diversification of the state's economy, growth in research and
development investment, the movement of firms or the
consolidation of firms' operations into the state, and such other
factors as the department selects. If fewer than three deferrals
are granted under this chapter, the department may not report
statistical information.
(4) Applications for deferral of taxes under this section
may not be made after December 31, 2020.
[2008 c 15 § 2.]
NOTES:
Effective date -- 2008 c 15: See note following RCW 82.82.010.