WAC 458-20-181   Vessels, including log patrols, tugs and barges, operating upon waters in the state of Washington.  


Business and Occupation Tax     Retailing. Persons engaged in the business of operating such vessels and tugs are taxable under the retailing classification upon the gross sales of meals (including meals to employees) and other tangible personal property taxable under the retail sales tax.

     Service and other business activities. The business of operating lighters is a service business taxable under the service and other business activities classification upon the gross income from such service. Also taxable under this classification is gross income from operation of vessels to provide scenic cruises.


Retail Sales Tax     Sales of meals and other tangible personal property by persons operating such vessels and tugs are sales at retail and the retail sales tax must be collected thereon. For applicability of retail sales tax where meals are furnished to members of the crew or to other employees as a part of their compensation for services rendered, see WAC 458-20-119.

     Sales of foodstuff and other articles to such operators for resale aboard ship are not subject to retail sales tax.

     Sales to all such operators of fuel, lubricants, machinery, equipment and supplies which are not resold are sales at retail and the retail sales tax must be paid thereon, unless exempt by law.

     Charges made by others for the repair of any boat or barge are also sales at retail and the retail sales tax must be paid upon the total charge made for both labor and materials.

     Charges made for drydocking are not subject to the retail sales tax provided such charges are shown as an item separate from charges made for repairing.


Use Tax     The use tax applies upon the use within this state of all articles of tangible personal property purchased at retail and upon which the retail sales tax has not been paid, unless exempt by law.


Public Utility Tax     The business of operating upon waters wholly within the state of Washington vessels which are common carriers regulated by the utilities and transportation commission is taxable under the public utility tax as follows:

     (1) Vessels under sixty-five feet in length, taxable under the classification vessels under sixty-five feet upon gross income.

     (2) Vessels sixty-five feet or more in length, taxable under the classification other public service business upon gross income.

     The other public service classification of the public utility tax applies to the business of operating tugs, barges, and log patrols.



[Statutory Authority: RCW 82.32.300. 83-07-033 (Order ET 83-16), § 458-20-181, filed 3/15/83; Order ET 70-3, § 458-20-181 (Rule 181), filed 5/29/70, effective 7/1/70.]