(1) The tax imposed
by RCW 82.08.020 does not apply to the sale to a business of
digital goods, and services rendered in respect to digital goods,
where the digital goods and services rendered in respect to
digital goods are purchased solely for business purposes. The
exemption provided by this section also applies to the sale to a
business of a digital code if all of the digital goods to be
obtained through the use of the code will be used solely for
business purposes.
(2) The exemption is available only when the buyer provides
the seller with an exemption certificate in a form and manner
prescribed by the department. The seller must retain a copy of
the certificate for the seller's files.
(3) For purposes of this section, the following definitions
apply:
(a) "Business purposes" means any purpose relevant to the
business needs of the taxpayer claiming an exemption under this
section. Business purposes do not include any personal, family,
or household purpose. The term also does not include any
activity conducted by a government entity as that term is defined
in RCW 7.25.005; and
(b) "Services rendered in respect to digital goods" means
those services defined as a retail sale in RCW 82.04.050(2)(g).
[2010 c 111 § 402; 2009 c 535 § 504.]
NOTES:
Purpose -- Retroactive application -- Effective date -- 2010 c 111: See notes following RCW 82.04.050.
Intent -- Construction -- 2009 c 535: See notes following RCW 82.04.192.